Reese v. Pittsburgh Railways Co.

Per Curiam,

This is an appeal from an order granting a new trial. In the original opinion, the trial judge, speaking for the court en banc, stated that, of the thirteen reasons advanced by defendant in support of its motion for new trial, the one possessing real merit Avas “the variance between allegata et probata.” Upon reargument, the court en banc refused to disturb its original order awarding a retrial and assigned as further reason for its action: “There are a number of things in this case which as the Court viewed it then and as it is still viewed, which though no one of them standing…