Cleveland Worsted Mills Co. v. Myers-Jolesch Co.

Citations

• 266 Pa. 309
• 109 A. 662
• 1920 Pa. LEXIS 558

Syllabus

<p>Appeals — New trial — Discretion of trial court — Review—Abuse of discretion — Granting new trial to permit raising question for consideration on appeal — Delay of justice — Gonstitution.</p> <p>1. An order granting a new trial will not be reversed, unless it be clearly established that the court below abused its discretion in making the order.</p> <p>2. It is not an abuse of discretion to grant a new trial in order that an important question may be so raised as to permit of its consideration on appeal.</p> <p>3. If the questions raised do not depend on oral evidence, are conclusive of the ease, and nothing is left but to enter the judgment which their determination requires, an appellate court will reverse an erroneous order granting a new trial, because, in that event, a new trial would be a denial or delay of justice, in violation of the Constitution.</p> <p>4. But if the decision of the case depends wholly or in part upon oral evidence, an order granting a new trial will not be reversed simply because the court below in its opinion accompanying the order referred only to a pending legal question.</p> <p>5. Before an appellate court reverses an order granting a new trial it should review all the issues raised in the court below, whether or not they are referred to in the opinion granting the new triaL</p>