City Products Corp. v. Bennett Bros.

Opinion by

Mr. Justice Arnold,

In this action of assumpsit (sounding in tort) the jury returned a verdict for defendant and the court entered judgment thereon after refusal of plaintiff’s motion for new trial. One of court en banc having died before the opinion was rendered, the judgment was set aside and a reargument had. New trial was then awarded, and defendant now appeals. The award of new trial was on the ground that “the ends of justice require that this case be tried a second time”; although the court observed in its opinion that “We also believe, which we agree is nothing but dictum,…