Milstein v. Shore

Dissenting Opinion by

Boss, J.,

I am unable to agree with the majority in its disposition of the appeal in this case, and therefore dissent.

This is an appeal from the granting of a new trial. The principles relative to such an appeal have been long established and have recently (November 14, 1949) been restated by the Supreme Court in Streilein v. Vogel, 363 Pa. 379, 69 A. 2d 97. In that case, at pages 385 and 386, Mr. Justice Jones said, “We have declared over and over again that the granting of a new trial lies within the inherent power of a trial court and that an exercise thereof will not…