Reiser v. Smith

Opinion by

Mr. Justice Drew,

The appeal is by defendant from an order of the court below granting his motion for a new trial and refusing his motion for judgment n. o. v.

The award of a new trial is discretionary (Frank v. Bayuk, 322 Pa. 282) and we have repeatedly held that the exercise of that discretion will not be reversed except for palpable abuse. The court below granted the new trial “in order that justice be done the parties,” and we cannot say that the order was an abuse of that discretion.

Nor can we accept defendant’s contention that plaintiff failed to make out a prima facie case. If…