CROSSON v. JOHNSON


196 Pa.Super. 28 (1961)

Crosson v. Johnson, Appellant.

Superior Court of Pennsylvania.

September 12, 1961.


Attorney(s) appearing for the Case

Sheldon Tabb, for appellant.

Albert L. Bricklin, with him Bennett and Bricklin, for Crosson, appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY ERVIN, J., September 12, 1961:

In these two trespass cases the court below granted new trials and the defendant, in whose favor the jury found, appealed. The new trials were granted because the verdicts were capricious and against the weight of the evidence.

The determination of whether a verdict is against the weight of the evidence, so that a new trial should be granted, rests primarily within the discretion of the trial court and its action will...

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