182 Pa. 97 | Pa. | 1897
Opinion by
The injury complained of in this case was received while the defendant company was using horses as a motive power for its street cars. The verdict seems to be clearly against the weight of the evidence. This circumstance standing alone is not a ground for reversing the judgment; but the appellant alleges that the verdict .may have resulted from the manner in which the case was submitted to the jury, and assigns error to the charge of the learned trial judge. Let us see first what case the evidence on the part of the plaintiff presented; and then
Why the verdict was not promptly set aside as against the weight of the evidence it is not easy to see. The assignments of error are sustained.
The judgment is reversed and venire de novo is awarded.