WARNER CO. v. ORAPELLO

No. 5440.

72 F.2d 373 (1934)

WARNER CO. v. ORAPELLO.

Circuit Court of Appeals, Third Circuit.

July 11, 1934.


Attorney(s) appearing for the Case

Langdon W. Harris, Jr., and Herman & Harris, all of Philadelphia, Pa., for appellant.

C. Donald Swartz, of Philadelphia, Pa., Theodore R. Haviland, of Gloversville, N. Y., and Swartz, Campbell & Henry, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

This was an action by a widow for damages sustained by her in the death of her husband caused, as was alleged, by the negligence of the defendant. The assignments of error raise the alleged error of the trial judge in refusing to grant a new trial on the ground of after discovered evidence.

The granting of a new trial is a question for a trial court, and an appellate court has no jurisdiction to review such action, save where the...

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