Athas v. Fort Pitt Brewing Co.

Opinion by

Mr. Justice Schaeeer,

This case has been tried three times. On each occasion the verdict has been in plaintiff’s favor in varying amounts. Called upon to review the third trial, we are required to give consideration to some of the testimony in the other two, and to depositions taken after the last one, in support of defendant’s motion for a new trial, in which it is charged that the recovery is based upon testimony which is false.

As the alleged false testimony relates to a single factor in the case, the identification of a truck belonging to defendant, it will not be necessary to…