Summary
In Borg-Warner Corp. v. Whitney, 6 Cir., 121 F.2d 444; Stewart v. Roberts, 80 U.S.App.D.C. 405, 154 F.2d 697, similar orders were held non-appealable; there was no existing judgment to appeal from.
Summary of this case from Ford Motor Co. v. Busam Motor SalesOpinion
No. 8643.
June 25, 1941.
Appeal from the District Court of the United States for the Eastern District of Michigan, Southern Division; Ernest A. O'Brien, Judge.
Actions by Ruby Whitney and Karl Whitney against the Borg-Warner Corporation, Norge Division, to recover damages for personal injuries. Karl Whitney died and his action was revived in the name of his special administrator. The cases were consolidated for trial. From an order denying motion for judgment in accordance with prior motion for directed verdict presented at close of the evidence, the defendant appeals.
Appeal dismissed.
L.G. Vandeveer, of Detroit, Mich. (Vandeveer Haggerty, of Detroit, Mich., on the brief), for appellant.
Harvey H. Smith, of Cincinnati, Ohio (Everett H. Wells, of Detroit, Mich., on the brief), for appellees.
Before HICKS, ALLEN, and HAMILton, Circuit Judges.
Ruby Whitney and Karl Whitney brought separate suits against appellant, the Borg-Warner Corporation, for damages for personal injuries. After the suits were brought Karl Whitney died and his suit was revived in the name of his special administrator. The cases were consolidated for trial and at the close of the evidence the court denied appellant's motion for a directed verdict. A mistrial resulted and thereafter appellant, pursuant to Rule 50(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, moved for judgment, in accordance with its motion for a directed verdict presented at the close of the evidence. The appeal is from an order denying this motion.
We are unauthorized to entertain the appeal. Our review is limited to "final decisions." Title 28, § 225(a) U.S.C. § 28 U.S.C.A. § 225(a); Grand Trunk Western R. Co. v. McHie, 6 Cir., 100 F.2d 86 and cases there cited. The order appealed from was not a final decision. It did not dispose of the cases nor determine the litigation.
The appeal is dismissed.