Elia v. Olszewski

Opinion by

Mr. Justice Ladner,

This case comes before us on an appeal from the order of the court below refusing to grant a new trial on the ground that the verdict was against the weight of the evidence. Whether in a given case a verdict should be set aside as against the weight of the evidence is primarily for the trial court and we are loathe to interfere with its discretion in that regard, whether granted (see Hershey v. Pittsburgh & West Va. Rwy. Co., 366 Pa. 158, 76 A. 2d 379 [1950]) or refused (Yago et al., v. Pipicelli, 343 Pa. 222, 22 A. 2d 699 [1941]) and especially is this so when…