SITER v. MARYLAND PEAT & HUMUS CO.


242 Pa.Super. 184 (1976)

363 A.2d 1221

Bartlett E. SITER and Albert Siter, trading as A.S. Siter & Sons, a partnership Appellant, v. MARYLAND PEAT & HUMUS CO.

Superior Court of Pennsylvania.

September 27, 1976.


Attorney(s) appearing for the Case

Charles H. Hinkson, Chester, for appellant.

Ralph B. D'Iorio submitted, Media, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PER CURIAM:

This is an appeal from the order of the lower court en banc granting appellee's motion for a new trial on the ground that the trial judge erred in refusing to grant appellee's motion to strike the testimony of appellant's expert witnesses. Because appellee did not move at trial to strike the testimony for the reason he now argues, he has waived that reason and neither the lower court en banc in the first instance nor we on appeal may consider...

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