CROMLEY v. GARDNER


253 Pa.Super. 467 (1978)

385 A.2d 433

Charles E. CROMLEY, Administrator of the Estate of Carl E. Cromley, Deceased, Appellant, v. Michael J. GARDNER.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

John P. Campana, Williamsport, for appellant.

John Arnold Crisman, Berwick, for appellee.

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


PRICE, Judge:

This is an appeal from the lower court's refusal to grant a new trial due to inadequacy of the verdict and trial errors in a wrongful death and survival action. We hold the lower court's order to be error and grant a new trial.

Appellant's first contention is that the lower court erred in refusing to grant a new trial based upon inadequacy of the verdict. The facts presented to the jury were the following. On November 4, 1972, just after midnight...

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