National Standard Clothes Co. v. Golden

Citations

• 77 Pa. Super. 479
• 1921 Pa. Super. LEXIS 300

Syllabus

<p>Practice, G. P. — New trials — Awarding—Discretion of court— Appeals.</p> <p>The granting of a new trial depends upon the legal discretion of the court based upon the circumstances of the particular case. Whenever it appears with a reasonable certainty that actual and manifest injustice has been done, or that the jury have proceeded on an evident mistake, either in point of law or fact, or contrary to strong evidence, or have grossly misbehaved themselves or given extravagant damages, the court will always give an opportunity, by a new trial, of rectifying tbe mistakes of a former trial and of doing complete justice between tbe parties.</p> <p>Where an examination of tbe record shows that tbe court below was satisfied, after an examination subsequent to tbe, trial, that tbe verdict of tbe jury was not warranted and that injustice bad been done, it was not reversible error to award a new trial.</p>