Canon-McMillan School District v. Bioni

Dissenting Opinion by

President Judge Crumlish, Jr:

I respectfully dissent.

The majority’s conclusion that the verdict is contrary to the weight of the evidence is an arrogation of the jury’s factfinding function. It must be emphasized that a new trial is to be ordered only where the verdict is so contrary to the weight of the evidence as to shock orie’s *601sense of justice. Merely conflicting evidence is not sufficient. Kopeika v. Medical Services Association, 347 Pa. Superior Ct. 500, 500 A.2d 1168 (1985).

As conceded by the majority, the issue of whether the lathe was realty or personalty was a…