190 Pa. Super. 35 | Pa. Super. Ct. | 1959
Opinion by
The only question involved in this appeal is whether the court below abused its discretion in granting a new trial.
The first trial was held on February 18, 1954, when a juror was withdrawn and the case continued. The second trial commenced on October 17, 1956, and at the conclusion of this trial the jury returned a verdict in favor of appellants and against the original defendant. The defendant filed a motion for a new trial, which the court en banc granted on December 10, 1957 in a unanimous opinion. The reasons assigned for the granting of a new trial were (a) that the court was totally unable to believe that the accident happened in the manner related by the plaintiffs; (b) that the jury were out of line with the natural course of events, and (c) that error has been committed and the only way it can be rectified is by the awarding of a new trial.
The parties involved in this accident went to see a fireworks display at Crabtree on the night of July 21, 1951. Both plaintiffs and the original defendant were returning to Greensburg shortly after midnight and, when approximately a mile and a half from the city
Judge Laird, who was the trial judge and who wrote the opinion for the court en banc, stated: “We have no quarrel with the amounts of the verdict as rendered but we are totally unable to believe that the accident happened in the manner as related by plaintiffs. We have been listening to testimony relating to automobile cases for the last twenty years and are more or less familiar with the manner in which cars are oper
Both the Supreme Court and this Court have frequently stated that a new trial should not be granted merely because of a conflict in the testimony or because the trial judge on the same facts would have arrived at a different conclusion. Carroll v. Pittsburgh, 368 Pa. 436, 84 A. 2d 505; Dean v. Trembley, 185 Pa. Superior Ct. 50, 137 A. 2d 880. But this guiding principle has certain well-defined exceptions. Where the court sees and hears the witnesses, it has not-only an inherent fundamental and salutary power, but it is its duty, to grant a new trial when it believes the verdict was capricious or was against the weight of the evidence and resulted in a miscarriage of justice. Clewell v. Pummer, 388 Pa. 592, 131 A. 2d 375. The court below without doubt was convinced that, notwithstanding the conflict in evidence, the verdict of the jury resulted in a miscarriage of justice. The reasons assigned for the granting of a new trial cannot be classified as insufficient or invalid but were based upon a valid exercise of judicial discretion. As stated by the Supreme Court in Streilein et al. v. Vogel et al., 363 Pa. 379, 69 A. 2d 97, “Even where a new trial is granted for a seemingly insufficient or invalid reason, an appellate court will not interfere therewith unless it affirmatively appears that the ground so assigned was the exclusive reason for granting the new trial.”
We have recently stated that in the absence of an abuse of discretion, an order granting a new trial on the ground that the verdict was against the weight of the evidence will not be disturbed on appeal. Anderson v. Philadelphia Transportation Company, 188 Pa.
Order affirmed.