Legal Opinion
SC DEPT. OF HIGHWAYS & PUBLIC TRANSPORTATION v. Mooneyham
Supreme Court of South Carolina
Decided July 28, 1980No. 21275PublishedCited by 8 opinions
1Opinion of the Court
Gregory, Justice:
The Department of Highways and Public Transportation appeals from orders granting the landowners new trials *206absolute in each of these three land condemnation cases. Since the issue is the same the appeals have been consolidated. Following each verdict counsel for the landowner moved for and was granted a new trial absolute on the ground the verdict was contrary to the fair preponderance of the evidence. We affirm.
The axiom that an order granting a new trial upon the facts is not appealable. . has been soundly applied to limit review in these cases to a determination of…
2Cases cited5 opinions
- South Carolina State Highway Department v. ClarksonSupreme Court of South Carolina · 1976
- Mims v. ColemanSupreme Court of South Carolina · 1966
- South Carolina State Highway Department v. Terrain, Inc.Supreme Court of South Carolina · 1976
- Dent v. Redd Ex Rel. Estate of CochranSupreme Court of South Carolina · 1978
- Watford v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1977
3Cited by8 opinions
- Vinson v. HartleyCourt of Appeals of South Carolina · 1996
- Folkens Ex Rel. Estate of McLendon v. HuntSupreme Court of South Carolina · 1990
- Gastineau v. MurphyCourt of Appeals of South Carolina · 1996
- Southern Railway Co. v. Coltex, Inc.Supreme Court of South Carolina · 1985
- Johnston v. BrownCourt of Appeals of South Carolina · 1986
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