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ELIA v. OLSZEWSKI

368 Pa. 578 (1951)

Elia, Appellant, v. Olszewski.

Supreme Court of Pennsylvania.

November 15, 1951.

Attorney(s) appearing for the Case

A.S. Fingold, with him Morris F. Cohen and Fingold & Fingold, for appellant.

Maurice L. Kessler, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE LADNER, November 15, 1951:

This case comes before us on an appeal from the order of the court below refusing to grant a new trial on the ground that the verdict was against the weight of the evidence. Whether in a given case a verdict should be set aside as against the weight of the evidence is primarily for the trial court and we are loathe to interfere with its discretion in that regard, whether granted (see Hershey v. Pittsburgh &...

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