Siter v. Maryland Peat & Humus Co.

This is an appeal from the order of the lower court en banc granting appellee’s motion for a new trial on the ground that the trial judge erred in refusing to grant appellee’s motion to strike the testimony of appellant’s expert witnesses. Because appellee did not move at trial to strike the testimony for the reason he now argues, he has waived that reason and neither the lower court en banc in the first instance nor we on appeal may consider it, Dilliplaine v. Lehigh Valley Trust Company, 457 Pa. 255, 322 A.2d 114 (1974). We therefore reverse and reinstate the verdict for appellant.

Appellant,…