ATLANTIC COAST LINE RAILROAD COMPANY, APPELLANT,
v.
PHILIP SONENSHINE AND MARILYN SONENSHINE, APPELLEES; ATLANTIC COAST LINE RAILROAD COMPANY, PETITIONER, V. PHILIP SONENSHINE AND MARILYN SONENSHINE, RESPONDENTS
PER CURIAM.
This is an appeal in an action to recover damages on account of personal injuries. A trial was had in the court below in which the jury returned verdicts for $145,000 damages. The trial judge denied a motion by defendant for judgment non obstante veredicto and granted a motion by plaintiffs to set aside the verdicts on the ground of inadequacy and grant a new trial. From this order the defendant has brought an appeal, which plaintiffs move to dismiss on the ground that the order from which it is taken is not a final judgment. Defendant moves for leave to file a petition for a writ of certiorari to review the action of the trial judge in denying the motion for judgment non obstante veredicto and setting aside the verdicts and awarding a new trial.
It is perfectly clear that no final judgment has been entered by the court below and that consequently the appeal must be dismissed. We think it equally clear that the motion to be allowed to file application for writ of certi-orari must also be denied. Southern Railway Co. v. Madden, 4 Cir., 224 F. 2d 320. As we said in the case cited, “It is clear that the order which we are asked to review is not a final order in the case and hence is not appealable. And we do not think that the statute which allows appeal only from final orders, except in a limited class of cases, can be evaded by the simple device of asking this court to issue one of its extraordinary writs, such as certiorari, or mandamus or prohibition. Columbia Boiler Co. of Pottstown v. Hutcheson, 4 Cir., 222 F. 2d 718; Hartford Accident & Indemnity Co. to Use of Silva v. Interstate Equipment Corporation, 3 Cir., 176 F. 2d 419, certi-orari denied 338 U.S. 899, 70 S.Ct. 250, 94 L.Ed. 553; United States Alkali Export Ass’n v. United States, 325 U.S. 196, 65 S.Ct. 1120, 89 L.Ed. 1554.”
Appeal Dismissed.
Certiorari Denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clayton v. Honorable Wilson Warlick, 232 F.2d 699 (4th Cir. 1956)
-
Call Carl, Inc. v. BP OIL Corp., 554 F.2d 623 (4th Cir. 1977)
-
Tsoleas v. Hege, 250 F.2d 127 (4th Cir. 1957)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States Alkali Exp. Ass'n, Inc. v. United States, 325 U.S. 196 (U.S. 1945)
- Order of Ry. Conductors of Am. v. S. Ry. Co., 338 U.S. 899 (U.S. 1949)
- Shields v. United States, 338 U.S. 899 (U.S. 1949)
- S. Ry. Co. v. Madden, 224 F.2d 320 (4th Cir. 1955)
- Hartford ACC. & Indem. Co. v. Interstate Equip. Corp., 176 F.2d 419 (3d Cir. 1949)
- Columbia Boiler Co. OF Pottstown, Inc. v. Honorable Sterling Hutcheson, 222 F.2d 718 (4th Cir. 1955)