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Weinfeld v. Funk

Supreme Court of Pennsylvania
May 12, 1941
20 A.2d 206 (Pa. 1941)

Opinion

April 24, 1941.

May 12, 1941.

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.

Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN, PATTERSON and PARKER, JJ.

Appeal, No. 135, Jan. T., 1941, from order of C. P. No. 5, Phila. Co., Sept. T., 1937, No. 713, in case of Louis Weinfeld v. M. Estelle Funk. Order affirmed.

Trespass for personal injuries. Before OLIVER, P. J.

Verdict for defendant and plaintiff's motion for new trial granted. Defendant appealed.

Error assigned was order granting new trial.

Harold Scott Baile, with him Richard Benson, Philip L. Leidy and Pepper, Bodine, Stokes Schoch, for appellant.

James F. Masterson, for appellee, was not heard.


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.


Summaries of

Weinfeld v. Funk

Supreme Court of Pennsylvania
May 12, 1941
20 A.2d 206 (Pa. 1941)
Case details for

Weinfeld v. Funk

Case Details

Full title:Weinfeld v. Funk, Appellant

Court:Supreme Court of Pennsylvania

Date published: May 12, 1941

Citations

20 A.2d 206 (Pa. 1941)
20 A.2d 206

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