Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 271, Jan. T., 1897, by plaintiff, from order of C. P. No. 8, Phila. Co., March T., 1895, No. 885, making absolute a rule for a new trial. Trespass for personal injuries. New trial granted after expiration of term at which judgment was entered.
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Appeal, No. 271, Jan. T., 1897, by plaintiff, from order of C. P. No. 8, Phila. Co., March T., 1895, No. 885, making absolute a rule for a new trial. Trespass for personal injuries. New trial granted after expiration of term at which judgment was entered. From the record it appeared that on Januarj'-16,1896, a verdict was rendered for plaintiff for $1,500. On January 20,1896, the appellee moved for a new trial and assigned reasons in support thereof, and on January 30, 1896, after an argument before the court in banc, the rule for a new trial was discharged. On February 4, 1896, the jury fee…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The remedy for wrongful verdicts by new trial was established in England before the foundation of Pennsylvania. It was therefore part of the common law of jury trials which the colonists brought with them, and has always been exercised here: Kalbach v. Fisher, 1 Rawle, 323. The older remedies of audita querela and error coram nobis, though in existence here, have in practice been superseded by the more convenient instrument of a new trial.
The principles on which the authority rests are well settled. Until judgment the verdict is under control of the court by…
2Cases cited4 opinions
- King v. BrooksSupreme Court of Pennsylvania · 1873
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
- Cochran v. EldridgeSupreme Court of Pennsylvania · 1865
- Kalbach ex rel. Reber v. FisherSupreme Court of Pennsylvania · 1829
3Cited by41 opinions
- Dellacasse v. Floyd Exrs.Supreme Court of Pennsylvania · 1938
- Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
- Zeigler's PetitionSupreme Court of Pennsylvania · 1903
- Pennsylvania Stave Co.'s AppealSupreme Court of Pennsylvania · 1909
- Bergen v. Lit Bros.Supreme Court of Pennsylvania · 1946
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