163 A. 450 | Pa. | 1932
Argued October 4, 1932. Plaintiff sued to recover damages for the death of his ten-year-old son, who was struck by defendant's car as *235 he crossed a state highway in the open country. After verdict for defendant, a new trial was granted. Defendant appealed.
The motion for a new trial was made after the death of the trial judge, plaintiff alleging the verdict was against the weight of the testimony and that the court erred in instructing the jury as to the law. The judge specially presiding when this motion was argued, considering the charge in connection with the undisputed evidence, concluded that basic and fundamental errors in the trial judge's presentation of the law to the jury, not corrected at any other point in the charge (Foley v. P. R. T. Co.,
We need not discuss either the specific errors found in the charge or the facts surrounding the accident. We have frequently said that we will not reverse an order awarding a new trial unless a flagrant abuse of discretion appears: Cuteri v. West Penn Rys. Co.,
The order appealed from is affirmed.