Opinion
No. 12534.
Argued and Decided May 13, 1958.
John P.S. O'Connor, Pittsburgh, Pa. (Evans, Ivory Evans, Pittsburgh, Pa., on the brief), for appellant.
Sherman T. Rock, Pittsburgh, Pa. (Andrew C. Van Gorder, Paul, Lawrence Rock, Pittsburgh, Pa., Joseph J. Lee, Clearfield, Pa., on the brief), for appellee.
Before MARIS, KALODNER and STALEY, Circuit Judges.
The order granting a new trial from which the plaintiff has appealed is an interlocutory order and, therefore, not appealable. The court is accordingly without jurisdiction of the appeal.
The appeal will be dismissed without costs to either party.