182 A. 757 | Pa. Super. Ct. | 1935
Argued October 18, 1935.
Appeals from orders granting a new trial are not encouraged. The Supreme Court has ruled — and this Court has consistently followed the rule — that it will not review an order granting a new trial unless the court below states that it would haverefused to grant the new trial but for reasons distinctly setforth, and then it will confine its review to the reasons so stated: Class Nachod Brewing Co. v. Giacobello,
We said, on this point, in Leonard v. Houston,
The same thing may be said in this case. While the opinion granting the new trial shows that the court felt that certain conflicting statements in the plaintiff's testimony at the several trials should have been called to the jury's attention it does not state that this was the sole reason for granting a new trial and that except for it a new trial would not have been granted. On the contrary the trial judge, in writing the opinion, declared that a new trial was ordered in the "exercise of the inherent power and discretion of the court."
Order affirmed.