Dixon v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Gage, J., Richland, January, 1909. Action by Joseph Dixon against Seaboard Air Line Railway. The Circuit order setting aside the verdict is: “The plaintiff is a young negro, and has lost one arm in the service of the' defendant company.
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Before Gage, J., Richland, January, 1909. Action by Joseph Dixon against Seaboard Air Line Railway. The Circuit order setting aside the verdict is: “The plaintiff is a young negro, and has lost one arm in the service of the' defendant company. That was in July, 1903. “The complaint alleges: That in the next month the parties made a contract whereby plaintiff agreed to release the defendant from all liability for said injuiy, and whereby defendant agreed to pay to plaintiff $50, and give plaintiff employment the rest of his days; that the release was made and the $50 was paid, but that the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for breach of contract.
The jury rendered a verdict in favor of the plaintiff for four hundred dollars.
The defendant made a motion for a new trial, which was granted, whereupon the plaintiff appealed.
The order is not appealable. Lampley v. Ry., 77 S. C., 319, 57 S. E., 1104; Pace v. Ry., infra 33, 64 S. E. R., 915.
The appeal is dismissed, but without prejudice to the rights of the parties to the action.
2Cases cited1 opinion
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
3Cited by5 opinions
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- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
- Walker v. QuinnSupreme Court of South Carolina · 1926
- Simmons v. MasonSupreme Court of South Carolina · 1911
- McKnight v. DysonSupreme Court of South Carolina · 1912