Opinion
November 13, 1952.
January 5, 1953.
Appeals — New trial — Verdict against weight of evidence — Discretion of court below — Appellate review.
An order granting a new trial on the ground that the verdict was against the weight of the evidence will not be disturbed on appeal in the absence of a palpable abuse of discretion by the court below.
Before STERN, C. J., STEARNE, JONES and CHIDSEY, JJ.
Appeal, No. 249, Jan. T., 1952, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1950, No. 6368, in case of Ruth J. Wexler v. Bonwit, Teller Company of Philadelphia. Order affirmed.
Assumpsit. Before BROWN, P.J.
Verdict for plaintiff; defendant's motion for new trial granted. Plaintiff appealed.
George J. Ivins, for appellant.
Samuel D. Goodis, with him Thomas F. Devine and Sundheim, Folz, Kamsler Goodis, for appellee.
The appeal is by plaintiff from an order granting a new trial, the assigned reason being that the verdict was against the weight of the evidence. President Judge BROWN in his opinion reviewed the evidence at length. We are unable to discover any palpable abuse of discretion and therefore decline to disturb such exercise of discretion: Bellettiere v. Philadelphia, 367 Pa. 638, 81 A.2d 857; Beal v. Reading Company, 370 Pa. 45, 87 A.2d 214.
Order affirmed.