Micozzi v. Klysh

Opinion by

Wright, J.,

This is an appeal by the defendant from an order of the Court of Common Pleas of Greene County granting the plaintiff’s motion for a new trial in a trespass action arising out of a motor vehicle collision. The grant of a new trial is an inherent power and immemorial right of the trial court, and the appellate court will not disturb the exercise of that authority in the absence of a clear abuse of discretion: Gallihue v. Penn Fruit Co., 196 Pa. Superior Ct. 325, 175 A. 2d 96.

On April 24, 1958, about ten o’clock p.m., Albert B. Micozzi was the owner of a 1956 Oldsmobile…