Hade v. Cumberland Valley Railroad
Superior Court of Pennsylvania
Appeal, No. 5, March T., 1910, by plaintiff, from order of C. P. Cumberland Co., May T., 1908, No. 28, setting aside verdict and granting a new trial in case of A. Z. Hade v. Cumberland Valley Railroad Company. Trespass to recover damages alleged to have been suffered by the plaintiff through the breaking of his close.
Read the full summary
Appeal, No. 5, March T., 1910, by plaintiff, from order of C. P. Cumberland Co., May T., 1908, No. 28, setting aside verdict and granting a new trial in case of A. Z. Hade v. Cumberland Valley Railroad Company. Trespass to recover damages alleged to have been suffered by the plaintiff through the breaking of his close. Before Sadler, P. J. At the trial the- jury returned a verdict for plaintiff for $30.58. Subsequently the court set aside.the verdict and granted a new trial on the ground that the verdict was against the weight of the evidence. Plaintiff appealed. Error assigned was the order…
1Opinion of the Court
Per Curiam,
In Allen v. Sawyer, 2 P. & W. 325, the defendant appealed from an order setting aside a verdict in his favor and awarding a new trial. The Supreme Court reversed the order, reinstated the verdict and entered judgment on the same. Dougherty v. Andrews, 202 Pa. 633, and Stern v. Johnston, 38 Pa. Superior Ct. 1, are similar cases except that in each of them the appel*489late court affirmed the order. In neither of these cases was the question, whether an order granting a new trial is such a final judgment as may be appealed from, discussed in the opinion. On the other hand, the Supreme…
2Cases cited5 opinions
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
- Hambleton v. YocumSupreme Court of Pennsylvania · 1885
- Dougherty v. AndrewsSupreme Court of Pennsylvania · 1902
- Stern v. JohnstonSuperior Court of Pennsylvania · 1908
3Cited by2 opinions
- State v. GintherWyoming Supreme Court · 1938
- Commonwealth v. PflaumSuperior Court of Pennsylvania · 1911