Frank, Admr. v. Bayuk

Per Curiam,

This is an appeal from an order granting a new trial. An award of a retrial is an inherent power of the court of common pleas and entirely discretionary: Graham v. Graham, 1 S. & R. 330. Such order will not be reversed unless there is clear error of law or palpable abuse of discretion: Duaine v. Gulf Refining Co., 285 Pa. 81; Alianell v. Schreiner, 274 Pa. 152; Hess v. Gusdorff, 274 Pa. 123; Class & Nachod Brewing Co. v. Giacobello, 277 Pa. 530.

The court below assigned several reasons for allowing appellee’s motion. The principal one was improper admission of opinion testimony by a…