Wolfe v. Riggle

Opinion by

Mr. Justice Benjamin B. Jones,

Did the court below abuse its discretion in granting a new trial?

On March 22, 1957, in the Court of Common Pleas of Washington County, Mary E. Wolfe instituted a malpractice action against Dr. Paul P. Biggie.1 The matter was tried before Judge D. H. Weiner and a jury and, after a trial lasting well over a week, the jury returned a verdict in favor of Dr. Biggie and against Miss Wolfe.

Within less than twenty-four hours2 after the verdict, Judge Weiner made an order granting a new trial *174and assigning his reasons therefor.3 This order was entered ex parte:…