Belber Trunk & Bag Co. v. Silberblatt

Citations

• 44 Pa. Super. 32
• 1910 Pa. Super. LEXIS 118

Syllabus

<p>Practice, C. P. — Trial—Evidence—Competency—Appeals.</p> <p>1. If evidence be offered without objection it may be assumed that it is made competent by agreement of counsel, or is deemed competent, and having been admitted and the attention of the court not having been called to any objection to its competency during the progress of the trial, it is too late to raise the question on appeal.</p> <p>Practice, C. P. — New trial — Refusal of new trial — Discretion of court.</p> <p>2. Nothing but a manifest abuse of discretion will justify the appellate court in disturbing the conclusion of the trial judge on a rule for a new trial. The power is exceptional in character, and is only to be exercised in cases where it is manifest that injustice has been done.</p>