Cason v. Smith

Dissenting Opinion by

Weight, J.:

It is my view that the lower court erred in not granting a new trial generally. Appellant asserted in the court below, and with considerable justification, that there was insufficient evidence to establish negligence on his part. He raises the same contention on this appeal. It is manifestly unfair to afford the plaintiffs a second chance on the question of damages, without also affording appellant a second chance on the question of liability. See Esposito v. Henderson, 185 Pa. Superior Ct. 479, 137 A. 2d 902.

The three cases cited by the court below, and…