PENDLETON v. PHILA. TRANS. CO.


376 Pa. 598 (1954)

Pendleton, Appellant, v. Philadelphia Transportation Company.

Supreme Court of Pennsylvania.

March 22, 1954.


Attorney(s) appearing for the Case

Moe Henry Hankin, with him Benjamin R. Shanken and Hankin, Hankin & Shanken, for appellants.

Frank R. Ambler, with him Jay B. Leopold, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, March 22, 1954:

This appeal is from the grant of a new trial in a trespass action. Plaintiff recovered a verdict. The question raised is whether the court below abused its discretion in granting defendant's motion for a new trial.

An order of the trial court awarding a new trial will not be disturbed unless it clearly is apparent that there has been a palpable abuse of discretion. Mr. Justice JONES concisely stated...

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