Krick v. Fairy Silk Co.

Opinion by

Mr. Justice Kephart,

This is an appeal from an order granting a new trial after the third trial of the case, two former verdicts for appellant having been set aside and new trials granted. Ordinarily orders granting a new trial will not be interfered with unless there is a gross abuse of discretion by the trial court, or unless the court certifies that the new trial is based solely on the legal question decided and not on any discretion lodged in the court to grant it.

The court below here stated: “Under the evidence, we are of the opinion that no court will ever permit a finding in…