Payne v. The Pacific Mail Steamship Co.

California Supreme Court Mar 15, 1850Published

Before: Hastings

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Holding. The court held that it has the authority to review interlocutory orders, including orders granting new trials, and reversed the lower court's order for a new trial because there was no evidence of mistake, fraud, or violation of law to justify setting aside the jury's verdict.

Issues

Whether an appeal lies from a court's decision to set aside a jury verdict and grant a new trial.
Whether an appellate court may interfere with a lower court's discretionary order granting a new trial.
Whether the lower court erred in setting aside the jury verdict in this specific case.

Disposition. reversed

Quotations verified verbatim against the opinion

“this court possesses more power than ordinarily pertains to a court of errors, to wit: it is styled an appellate court, and is authorized by law to entertain appeals from interlocutory orders, decrees, judgments, and determinations”

“we are of the opinion that the order of the court of First Instance, granting a new trial, should be reversed.”

“So much, therefore, of the proceedings of the court below, which provide for a new trial on the issue joined, is reversed, and said court is ordered to enter up judgment upon the verdict.”

Synopsis

The action was brought to recover damages for neglecting to supply tbe plaintiff with wholesome food on the passage from Panama to the port of San Francisco, and for the loss of the plaintiff’s baggage. Tbe value of tbe baggage was estimated by witnesses to have been about $400, in the city of JMew York, and from $1200 to $1000 in San Francisco. The defendants were a company engaged in the transportation of passengers from Panama to San Francisco, and from San Francisco to Panama. Considerable evidence was given on the trial, but no point of law was made, and the whole matter was a question for the determination of the jury upon the evidence. The jury having found a verdict for $1000 in favor of the plaintiff, the court of First Instance, after having rendered judgment on the verdict, made an order, on motion of the defendants, setting aside the judgment and verdict, unless the plaintiff would consent to remit $400. From this order the appeal was taken. The case differs from that of Loring v. lllsley (ante, p. 21,) in this respect, that here the order was made and the appeal taken lefore the passage of the act of February 28th, 1850, whereas, in tbe case referred to, the judgment was rendered lefore, but the appeal was not taken until after the passage of that Act.

By the Court,

Hastings, Ch. J. Two causes are assigned for the dismissal of the appeal. 1st. That an appeal will not lie from the decision of the court below, setting aside the verdict of the jury and granting a new trial. 2d. The decision appealed [35]from was the exercise of a discretion of the court which an appellate court ought not to interfere with.

That appeals from any judgment, order, or determination of the court of First Instance, taken before the passage of the statute of February 28th, 1850, and from any such judgment, order, or determination, made or rendered after the passage of said Act, will lie to this court, is clear from the third and sixth sections of said Act. This appeal was taken on the 8th day of February, A.D. 1850, and was clearly within the provisions of said third section.

The sixth section regulating the mode of effecting an appeal, among other things, provides, “ That appeals may be taken “ from any final judgment of any court of First Instance, ren- “ dered since the first day of January, A, I). 1847, or from any “ judgment or order of said court which may "be rendered any “ time hereafter.”

The case of Loring v. Illsley, decided by this court, falls within the provisions of said sixth section, the judgment having been rendered before, and the appeal taken, after the passage of the Act. A writ of error will not usually lie for the purpose of reviewing any order or judgment of any inferior court founded upon the sound discretion of the court, but this court possesses more power than ordinarily pertains to a court of errors, to wit: it is styled an appellate court, and is authorized by law to entertain appeals from interlocutory orders, decrees, judgments, and determinations of all the courts of this state, in the maimer limited and prescribed by law. It is a court of the last resort, except in the few instances in which appeals will lie from its decisions to the supreme court of the United States, which right is suspended until the admission of the state into the Union. In the case of Campbell v, Stokes, 2 Wendell, 145, Chancellor Walworth, in delivering the unanimous opinion of the court of errors, says, “ There is a manifest difference to be “ observed between the proceedings on writs of error in this “ court and the proceedings of the supreme court , on writs of “ error to inferior tribunals,” from which it may be inferred that courts apparently possessing the same prerogatives and [36]

Payne v. The Pacific Mail Steamship Co.

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