Basile v. Fath

*648The following opinion was filed December 9, 1924:

Eschweiler, J.

Upon the special verdict as answered by the jury a judgment in favor of defendants dismissing the action upon the merits would have necessarily followed. The trial court, however, because he believed that the use of abusive language towards plaintiff’s counsel by defendants’ counsel in the argument to the jury might have had an effect upon the jury and that therefore the plaintiff did not have the fair and impartial trial to which she was entitled, ruled that it was his duty, in the furtherance of justice, to grant a new trial.

Plai…