Matkevich v. Robertson

Dissenting Opinion by

Mr. Justice Musmanno:

The ordering of a new trial in this case represents superfluity at its zenith, utility at its nadir, and expenditure of time and money, at its climactic futility. The new trial merely gives to. the defendant William Robertson (that is, his insurance carrier) another chance to win a case he has fairly and squarely lost in a trial which denied him nothing in the way of the fullest opportunity to prove his contention. If the evidence presented at the first trial is repeated in the second trial, and there is no claim that it will undergo the slightest…