WEXLER v. BONWIT, TELLER CO. OF PHILA

Appeals — New trial — Verdict against weight of evidence — Discretion of court below — Appellate review.

An order granting a new trial on the ground that the verdict was against the weight of the evidence will not be disturbed on appeal in the absence of a palpable abuse of discretion by the court below.

OPINION PER CURIAM, January 5, 1953:

The appeal is by plaintiff from an order granting a new trial, the assigned reason being that the verdict was against the weight of the evidence. President Judge BROWN in his opinion reviewed the evidence at length. We are unable to discover any palpable abuse of discretion and therefore decline to disturb such exercise of discretion: Bellettiere v. Philadelphia, 367 Pa. 638, 81 A.2d 857; Beal v. Reading Company, 370 Pa. 45, 87 A.2d 214.

Order affirmed.