WEINFELD v. FUNK

Appeals — Review — Order granting new trial.

An order granting a new trial will not be reviewed where the lower court states that justice demands such action.

Argued April 24, 1941.

PER CURIAM, May 12, 1941:

This is an appeal from an order granting a new trial. In its opinion, the court states: "After a careful review of the entire case, we reached the firm conclusion that justice demanded that plaintiff's motion for a new trial be sustained." We have uniformly held that under such circumstances we will not review the action of the court below: Reese v. Pittsburgh Rys. Co., 336 Pa. 299, 9 A.2d 394; Kerr v. Hofer, 341 Pa. 47, 17 A.2d 886.

The order of the court below is affirmed.