CARLSON MIN. CO. v. TITAN COAL CO., INC.


343 Pa.Super. 364 (1985)

494 A.2d 1127

CARLSON MINING COMPANY, Appellant, v. TITAN COAL COMPANY, INC., Energy Services, Charles Barletto, Robert L. Todd, Pete Mercurio and West Penn Power Company.

Supreme Court of Pennsylvania.

Filed June 14, 1985.


Attorney(s) appearing for the Case

Charles W. Garbett, Ellwood City, for appellant.

John M. Silvestri, Pittsburgh, for appellees.

Before OLSZEWSKI, HESTER and SHIOMOS, JJ.


OLSZEWSKI, Judge:

In this case, Carlson Mining Company, appellant-plaintiff below, appeals the grant of a new trial to Charles Barletto, appellee-defendant below. Appellant argues that the court improperly based its grant of a new trial on grounds not preserved by objection and brief; that the grounds are improper for the granting of a new trial; and that the trial court's original error, if any, was rendered harmless.

The facts are these. Appellant agreed...

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