Murphy v. Atlanta & Charlotte A. L. Ry. Co.
Supreme Court of South Carolina
Before Shipp, J., Greenville, June, 1914. Action by J. P. Murphy against Atlanta and Charlotte Air Line Railway Company. From a judgment upon a verdict directed for defendant, plaintiff appeals. The locus was shown by Exhibit A, on the next page. The other facts are stated in the opinion. submit : Former order of nonsuit not a final.judgment. 1. General Rule. Nonsuit not a bar to another action: 23 Cyc. 1136-38; Freeman on Judgments (3d ed.), sec. 261; 49 Am.
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Before Shipp, J., Greenville, June, 1914. Action by J. P. Murphy against Atlanta and Charlotte Air Line Railway Company. From a judgment upon a verdict directed for defendant, plaintiff appeals. The locus was shown by Exhibit A, on the next page. The other facts are stated in the opinion. submit : Former order of nonsuit not a final.judgment. 1. General Rule. Nonsuit not a bar to another action: 23 Cyc. 1136-38; Freeman on Judgments (3d ed.), sec. 261; 49 Am. St. Rep. 831, note; 24 S. C. 279; 84 S. C. 244-5; 84 S. C. 36, 368; 43 S. C. 221; 1 Brev. 474; 1 Bailey 69; 1 McMul. 212; 4 McC. 472; 3…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
A former action upon this same transaction has been hither before. There have been three trials on circuit.
At the first trial plaintiff was nonsuited, and the judgment was affirmed. 89 S. C. 15, 71 S. E. 296.
Thereafter .the plaintiff commenced another action, but upon the same transaction.
The pleadings are practically the same, except that the second answer plead res adjudicata.
The second action came first to trial at the Summer term, 1914, and resulted in a mistrial.
The second trial of the second action now considered, was had at the…
2Cases cited3 opinions
- McCown v. MuldrowSupreme Court of South Carolina · 1912
- Morrow v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1909
- Murphy v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1911
3Cited by2 opinions
- Parker v. Victoria Real Estate Co.Supreme Court of South Carolina · 1916
- Gary v. Nationwide Mutual InsuranceSupreme Court of South Carolina · 1967