Hayes v. Atlantic Coast Line R. Co.

Mr. Associate Justice Baker

(dissenting) :

■ Until the Court is ready to overrule Floyd v. Page, 124 S. C., 400, 117 S. E., 409, and the authorities relied upon in the decision of that case, an order refusing a nonsuit or the direction of a verdict is not appealable until after final judgment; but an order granting a new trial on a question of law, and not as a matter of discretion based upon the weight of the testimony, is clearly appealable (Walker et al. v. Quinn et al., 134 S. C., 510, 133 S. E., 144), and it is equally clear that a question of evidence or no evidence is a question of law.…