TAYLOR v. DEVORE

Citation Codes

Equivalent Citations

citation codes

Docket Number

18987

Attorney(S)

Messrs. Garvin Grant, of Aiken, and Fulmer, Barnes Berry Austin, of Columbia, for Appellant, cites: As to the order of the trial Judge granting a new trial unless Defendant agreed to increase judgment from verdict of $1,500.00 to $3,000.00 constituting an abuse of discretion when the order was based upon an error of law: 132 S.C. 212, 128 S.E. 423; 207 S.C. 277, 35 S.E.2d 716; 228 S.C. 472, 90 S.E.2d 649; 278 F.2d 79; 5 Am.Jur., Appeal and Error, Sec. 851. As to the trial Judge having no power to arbitrarily substitute his own judgment for that of the jury: 221 S.C. 376, 70 S.E.2d 862; 22 Am. Jur.2d, Damages, Sec. 398; 187 Ala. 619, 65 So. 998. Messrs. Williams Johnson, of Aiken, and James E. Hunter, of West Columbia, for Respondent, cite: As to the trial Judge not abusing his discretion by granting an order for a new trial Nisi: 7 S.E.2d 69, 192 S.C. 399; 137 S.E.2d 276, 244 S.C. 365; 133 S.E.2d 127, 243 S.C. 185; 133 S.E.2d 833, 243 S.C. 376; 19 S.C. 579; 132 S.E.2d 7, 243 S.C. 45.

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Harry A. TAYLOR, Respondent, v. Theodore DEVORE, Appellant.

November 21, 1969.

Per Curiam.

In this action for damages, both personal injury and property, arising out of an automobile collision, the verdict of the jury was for the plaintiff for actual damages in the amount of $1,500.00. Plaintiff moved for a new trial on the ground that such verdict was inadequate. The appeal is from an order of the trial judge granting such motion, in which order his Honor reviewed the evidence as to damages and concluded:

"In view of the extent of the damages to person and property proven by the greater weight of the evidence, I am of the opinion that the verdict is inadequate * * *."

It is clear that his order was based solely upon a consideration of the evidence and a conclusion therefrom by the trial judge contrary to that of the jury.

"It is well settled in this state that the trial judge has the authority and responsibility to grant a new trial when, in his judgment, the verdict of the jury is contrary to the fair preponderance of the evidence and that an order granting a new trial on such ground is not appealable. Lee v. Kirby, 243 S.C. 185, 133 S.E.2d 127; Mark v. Frito-Lay et al., 243 S.C. 376, 133 S.E.2d 833." Adams v. Duffie, 244 S.C. 365, 137 S.E.2d 276 (1964).

Appeal dismissed.

MOSS, C.J., LEWIS, BUSSEY and LITTLEJOHN, JJ., and LOUIS ROSEN, Acting Associate Justice, concur.

Harry A. TAYLOR, Respondent, v. Theodore DEVORE, Appellant.

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