Marko v. Mendelowski

Per Curiam,

In this action of ejectment the controversy is between defendant, Pauline Mendelowski, and an execution creditor of her husband. Plaintiff appeals from the order of the lower court awarding a new trial.

We have frequently said 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 reason for his action: Class & Nachod Brewing Co. v. Giacobello, 277 Pa. 530;…