WEST PENN POWER CO. v. THOMAS ET AL.

No. 1934 C.D. 1979.

52 Pa.Commw. 347 (1980)

West Penn Power Company, Appellant v. Edna Thomas, Raymond Hall and Leeman Hall, and/or Estate of Mary A. Hall, deceased, Appellees.

Commonwealth Court of Pennsylvania.

June 25, 1980.


Attorney(s) appearing for the Case

Lee E. Whitmire, Jr., with him Gregory K. Douglass, Whitmire & Verlihay, for appellant.

Samuel J. Orr, III, Wilson & Orr, for appellees.

Argued May 9, 1980, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MENCER, June 25, 1980:

The West Penn Power Company (West Penn) has appealed from an order of the Court of Common Pleas of Beaver County denying West Penn's motion for a new trial in an eminent domain case. A motion for a new trial is addressed to the discretion of the trial court, based on the circumstances of the particular case, and the court's action in granting or refusing such a motion will not be reversed in the absence of a manifest abuse of...

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