88 Pa. Super. 193 | Pa. Super. Ct. | 1926
Argued April 26, 1926.
Plaintiff appeals, under the Act of April 9, 1925, P.L. 221, from the action of the court below, declining to enter judgment non obstante veredicto in his favor and ordering a new trial. He proceeds, apparently, on the theory that the Act of 1925, supra, requires us to sustain his appeal if the evidence taken on the trial, *195
and certified as part of the record, warranted the entry of judgment in his favor notwithstanding the verdict. He has misconstrued the effect of that statute. The Supreme Court in the very recent case of March v. Phila. West Chester Traction Co.,
Following the rule laid down by the Supreme Court, we will not interfere with the inherent power of the trial court to grant a new trial except in cases where the order was based alone on a clear error of law or constituted a palpable abuse of discretion: Rittenhouse v. Exeter Machine Works,
The appeal is dismissed.