Opinion
December 3, 1928.
January 7, 1929.
Appeal — New trial — Reasons — Justice.
Where the court below in granting a new trial states that it is "of opinion that a just disposition of the case requires that it be retried," the Supreme Court, on appeal, will not reverse the order granting a new trial.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeal, No. 91, March T., 1928, by plaintiff, from order of C. P. Allegheny Co., July T., 1925, No. 1204, granting new trial, in case of John W. Garland v. Robert R. Gordon. Affirmed.
Motion for new trial. Before FORD, J.
The opinion of the Supreme Court states the facts.
New trial granted. Plaintiff appealed.
Error assigned was order, quoting record.
W. A. Griffith, of Griffith, Truxall Pruger, for appellant.
George H. Calvert, of Calvert, Thompson Berger and Robert J. Dodds, of Reed, Smith, Shaw McClay, for appellee, were not heard.
Argued December 3, 1928.
In its opinion granting a new trial, the court below stated: "We have reviewed and carefully considered all evidence and are of opinion that a just disposition of the case requires that it be retried." In Fertax Co. v. Spiegelman, 292 Pa. 139, 140, we very recently said that, where a trial court states in its opinion that "the interests of right and justice require that the case shall be retried __________ we do not interfere on appeal"; that authority rules this case.
The order appealed from is affirmed.