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GARLAND v. GORDON
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.
Argued December 3, 1928.
PER CURIAM, January 7, 1929:
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.
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