Opinion
October 4, 1946.
October 8, 1946.
Appeals — New trial — Discretion of court below.
The action of the court below in granting a new trial, not on questions of law but in the exercise of a general discretion, will not be reviewed on appeal.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeal, No. 88, Oct. T., 1946, from order of C.P. No. 7, Phila. Co., Sept. T., 1944, No. 471, in case of Walter R. Durdella v. Charles A. Rothman et al. Order affirmed.
Assumpsit. Before CRUMLISH, J.
Verdict for plaintiff. Motion by defendants for new trial granted. Plaintiff appealed.
George O'Dougherty, for appellant.
Thomas Z. Minehart and Charles A. Rothman, for appellees, were not heard.
Argued October 4, 1946.
We find no merit in the contention of appellant that the court abused its discretion and acted in an arbitrary manner in granting a new trial in this case. It appears that a new trial was granted, not on questions of law but in the exercise of a general discretion. Our appellate courts have uniformly held that under such circumstances the action of the lower court will not be reviewed. Com. v. Dolan et al., 155 Pa. Super. 453, 456, 38 A.2d 497; Kerr et ux. v. Hofer et al., 341 Pa. 47, 17 A.2d 886; Weinfeld v. Funk, 342 Pa. 160, 20 A.2d 206.
Order affirmed.