Jones Et Vir v. Williams

Dissenting Opinion by

Mr. Justice Linn:

I dissent. In Marko v. Mendelowski, 313 Pa. 46, 47, 169 A. 99, we said: “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: . . .” See also Hitchay v. Phillips, 316 Pa. 290, 175 A. 389. The court en banc, in granting a new trial in this case said, “As we think the verdict should…