FOSTER v. WAYBRIGHT


367 Pa. 615 (1951)

Foster, Appellant, v. Waybright.

Supreme Court of Pennsylvania.

May 21, 1951.


Attorney(s) appearing for the Case

Lee C. McCandless, with him Painter & Painter, for appellant.

Willis A. MacDonald, with him J.H. Cochran and A.R. Cingolani, for appellees.

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


OPINION BY MR. JUSTICE BELL, May 21, 1951:

This appeal involves the narrow question: Was there a palpable abuse of discretion by the trial court in granting a new trial?

Plaintiff brought an action of trespass against defendant Waybright for wrongfully, wilfully and maliciously cutting and removing timber from his land. Rosner, who authorized Waybright to cut the timber, was brought onto the record as an additional defendant. The jury returned a verdict of...

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