Edelson v. Ochroch

*430Dissenting Opinion by

Mb. Justice Chidsey:

I am compelled to dissent. The majority opinion is a blanket approval of tbe action of tbe court below which, in turn, clearly rests upon a usurpation of the constitutional fact-finding function of tbe jury.

We have been confronted with an increasing number of appeals from rulings of tbe lower courts wherein new trials have been granted “in tbe interest of justice” because tbe verdict was considered against tbe weight of tbe evidence. In tbe recent case of Decker v. Kulesza, 369 Pa. 259, 85 A. 2d 413, at p. 263 we said: “While an award of a new trial is…