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MILLENSON v. CITY STORES CO.

382 Pa. 39 (1955)

Millenson v. City Stores Company, Appellant.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Ralph S. Croskey, with him Croskey & Edwards, for appellant.

David N. Bressler, with him David V. Shapiro and Shapiro, Rosenfeld, Stalberg & Cook, for appellee.

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

OPINION BY MR. JUSTICE BELL, May 23, 1955:

The Court below granted a new trial on the ground that the verdict rendered for the defendant was against the evidence and against the weight of the evidence, and in the interest of justice. This appeal followed.

The pertinent law is thus stated in Decker v. Kulesza, 369 Pa. 259, 263, 85 A.2d 413: "While an award of a new trial is an inherent...

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