Pendleton v. Philadelphia Transportation Co.

Opinion by

Mr. Justice Allen M. Stearne,

This appeal is from the grant of a new trial in a trespass action. Plaintiff recovered a verdict. The question raised is whether the court below abused its discretion in granting defendant’s motion for a new trial.

An order of the trial court awarding a new trial will not be disturbed unless it clearly is apparent that there has been a palpable abuse of discretion. Mr. Justice Jones concisely stated this principle in Streilein v. Vogel, 363 Pa. 379, 69 A. 2d 97, where he said (p. 385) : “We have declared over and over again that the granting of a new…