Simmons-Boardman Publishing Co. v. American Boron Products Co.

Per Curiam,

The court below granted a new trial; when entering the order here appealed from, it indicated the belief that the ends of justice required the rehearing of the case because of certain after-discovered evidence offered by defendant, against whom the verdict was found. Plaintiff has appealed and contends that the new evidence might have been discovered prior to the trial of the case had defendant been diligent, and hence there was an abuse of discretion in the order here complained of.

In Class & Nachod B. Co. v. Giacobello, 277 Pa. 530, 537-8, we said, inter alia: “Because the…