Fulginiti v. Diamond Coal & Coke Co.

Citations

• 259 Pa. 344
• 103 A. 51
• 1918 Pa. LEXIS 414

Syllabus

<p>Practice, O. P. — New trial — Order granting new trial — Judicial discretion.</p> <p>1. Whenever a trial court is convinced that a verdict has been obtained through improper influence exerted upon witnesses, it is not only the right, but it is the duty, of the court in the interest of public justice to order a retrial of the case.</p> <p>2. A motion for a new trial is always an appeal to the discretion cf the trial court, and the action of the lower court thereon is reyiewable by the Supreme Court only as it can be made to appear that the court’s action was a clear abuse of that discretion.</p> <p>3. The action of a court in conditioning its grant of a motion for a new trial on the refusal by the defendant to pay a certain sum into court to the use of the plaintiff, in satisfaction of all his claims and demands, is not free from criticism.</p>