Dash v. Weber

Opinion by

Ross, J.,

The plaintiff, a contractor, sued the defendant in assumpsit for work done and on April 14, 1949, the jury returned a verdict in favor of the plaintiff. Defendant’s motions for a new trial and judgment n. o. v. were dismissed and judgment was entered on the verdict. Later, the defendant presented a petition for reargument of his motions with a stay of proceedings, an order was made thereon granting the prayer of the petition and subsequently a new trial was granted. It is from the order granting a new trial that the plaintiff appeals.

The appeal involves a procedural…