Moyer v. Phillips
Superior Court of Pennsylvania
Appeal, No. 29, April T., 1909, by defendant, from judgment of C. P. Beaver Co., Sept. T., 1906, No. 145, on verdict for plaintiff in case of W. L. Moyer v. John J. Phillips. Assumpsit to recover a balance alleged to be due on a building contract. Before Holt, P. J. The opinion of the Superior Court states the case. Error assigned was in refusing a new trial.
1Per curiam
When on application for a new trial the court below, on a review of the whole case, concludes, in the exercise of its judicial discretion, to let the verdict stand as the judgment of the court, nothing but a manifest abuse of this discretion will justify the appellate court in disturbing the conclusion: Reno v. Shallenberger, 8 Pa. Superior Ct. 436; Halahan v. Cassidy, 12 Pa. Superior Ct. 227. The power of the appellate court to grant a new trial is exceptional in character and only to be exercised in very clear cases of wrong or injustice which the court below should have remedied: Schenkel…
2Cases cited4 opinions
- Schenkel v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1899
- Neff v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Reno v. ShallenbergerSuperior Court of Pennsylvania · 1898
- Halahan v. CassidySuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Belber Trunk & Bag Co. v. SilberblattSuperior Court of Pennsylvania · 1910
- Moore v. RobisonSuperior Court of Pennsylvania · 1911