Lambert v. Durallium Products Corp.

Opinion by

Mr. Justice Allen M. Stearns,

Plaintiffs appeal from the order of the court below granting a new trial in an assumpsit suit. The rule of law which governs the granting of a new trial is succinctly stated by Mr. Justice Drew in Tupponce v. Pennsylvania Railroad Company, 358 Pa. 589, 590, 57 A. 2d 898:“ ‘ “We will not reverse an order awarding a new trial unless a palpable abuse of discretion on the part of the trial judge is disclosed or unless an erroneous rule of law, which in the circumstances necessarily controls the outcome of the case, is certified by the trial judge as the sole…