Berman v. Adams Express Co.

Citations

• 73 Pa. Super. 314
• 1920 Pa. Super. LEXIS 7

Syllabus

<p>Practice, C. P. — New trials — After-discovered evidence — Discretion of court.</p> <p>In. an action to recover for the loss of certain articles consigned to a common carrier, the case is for the jury and a verdict for plaintiff -will be sustained, where the question is purely one of fact as to whether or not the goods had been delivered in accordance with the contract of shipment; and the controlling question was fairly and fully submitted under a charge that was free from error.</p> <p>A petition for a new trial on the ground of after-discovered evidence is purely a question for the court and it is for it to decide as to its sufficiency. In the absence of any evidence of abuse of discretion the action of the lower court will he affirmed.</p>