Legal Opinion

Love v. Tioga Trust Co.

Superior Court of Pennsylvania

Decided March 12, 1919No. Appeal, No. 143Published

Appeal, No. 143, Oct. Term, 1918, by defendant, from judgment of Municipal Court of Philadelphia, May Term, 1916, No. 462, on verdict for plaintiff in case of Max Love v. Tioga Trust Company. Trespass for dishonoring a check. Before Knowles, J. The opinion of the Superior-Court states the case. Verdict for plaintiff for five hundred ($500) dollars and judgment thereon. Defendant appealed. Error assigned was refusal to grant a new trial.

1Opinion of the Court

Opinion by

Head, J.,

The single assignment of error complains of the refusal of the learned court below to set aside a verdict in favor of the plaintiff and award a new trial. It should hardly be necessary to say, at this late day, that in the matter of awarding a new trial the learned court below is invested with a wide discretion which does not reside in the appellate courts. It is true that in exceptional cases such court may set aside a verdict and grant a new trial and the power has been exercised where the ends of justice plainly demanded it should become operative. The circumstances and…

2Cases cited2 opinions

  1. Weiner v. North Penn Bank Inc.Superior Court of Pennsylvania · 1916
  2. Jones v. Pennsylvania Co.Superior Court of Pennsylvania · 1915

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