MACK v. FRITO-LAY, INC

Messrs. Weinberg Weinberg, of Sumter, for Appellants, cite: As to error on part of trial Judge in finding the verdict was against the clear preponderance of the evidence and abusing his discretion in setting aside the verdict rendered by the jury: 234 S.C. 317, 108 S.E.2d 113; 224 S.C. 338, 79 S.E.2d 160; 195 S.E. 638; 78 S.E.2d 376; 179 S.E. 619; 60 S.E.2d 88; 118 F. Supp. 537; 87 S.E.2d 871; 55 S.E. 160. Messrs. W.L. Clifton and R. Kirk McLeod, of Sumter, for Respondent, cite: As to an order granting or refusing a new trial when based solely on errors of law being subject to review by the Appellate Court, but when the order is based upon questions of fact, or upon both questions of law and fact, it is not appealable: 238 S.C. 90, 119 S.E.2d 231; 212 S.C. 26, 46 S.E.2d 176; 237 S.C. 573, 118 S.E.2d 340; (S.C.) 133 S.E.2d 127; 109 S.C. 396, 96 S.E. 144.