Kardon v. Forst

Citations

• 70 Pa. Super. 565
• 1919 Pa. Super. LEXIS 5

Syllabus

<p>Appeals — New trial — Discretion of court.</p> <p>The action of a trial court in granting or refusing a new trial is so largely a matter of discretion that its exercise will not be reviewed, except in a clear ease of abuse of discretion, and in the absence of a manifest abuse of discretion, an appeal from such action cannot be sustained.</p> <p>Where a trial judge in trying without a jury an action for paper boxes sold and delivered finds in favor of the defendant and directs that the boxes shall be returned to the plaintiff, and subsequently when it appears that the boxes have not been returned, makes an order granting a new trial, such order will not be reversed on the ground that it was a manifest abuse of discretion.</p>