Yazoo & Mississippi Valley Railroad v. Reid
Mississippi Supreme Court
Erom the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Eeid, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there.
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Erom the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Eeid, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. Upon the trial of the case in the circuit court a judgment was rendered for defendant, predicated of a peremptory instruction; thereafter the circuit courst sustained the plaintiff’s motion for a new trial and the defendant, under Code 1906, § 4911, appealed from the order granting the new trial to the supreme court. Code 1906, § 4911, was a vain and useless thing. It in no wise repealed that…
1Opinion of the CourtCalhoon, J.
Appellee brought his action in the court below for damages for personal injuries. The court below granted a peremptory instruction for the railroad company. Then the appellee, plaintiff helow, moved the court to set aside the verdict and grant him a new trial, which was done, and the railroad company appeals from the order granting a new trial; the appeal being taken under § 4910 of the Code of 1906.
This appeal must be dismissed, because it is not from a final judgment of the court. Code 1906, § 33. See opinion and concurring opinion in Y. & M. V. R. R. Co. v. Wallace, ante, s.c., 43 South.,…
2Cases cited1 opinion
- Yazoo & Mississippi Valley Railroad v. WallaceMississippi Supreme Court · 1907
3Cited by3 opinions
- Gulf & Ship Island Railroad v. WilliamsMississippi Supreme Court · 1915
- Casselman v. StateCourt of Criminal Appeals of Oklahoma · 1936
- Street v. LokeyMississippi Supreme Court · 1950