Love v. Tioga Trust Co.
Love v. Tioga Trust Co.
Opinion of the Court
Opinion by
The single assignment of error complains of the refusal of the learned court below to set aside a verdict in favor of the plaintiff and award a new trial. It should hardly be necessary to say, at this late day, that in the matter of awarding a new trial the learned court below is invested with a wide discretion which does not reside in the appellate courts. It is true that in exceptional cases such court may set aside a verdict and grant a new trial and the power has been exercised where the ends of justice plainly demanded it should become operative. The circumstances and conditions under which an appellate court will be moved to such action are well .stated by our Brother Trexler in Jones v. Pennsylvania Company, 60 Pa. Superior Ct. 438. We need not repeat here what was there so well said. This case is one of the class to which belong Weiner v. North Penn Bank, 65 Pa. Superior Ct. 290, and Nadel v. Peoples Bank, 66 ibid 396. In those cases we stated at considerable length the line of reasoning which would control the action of this court in appeals of that character.
Whilst verdicts of this size in cases of this class may bring about hardship, if not injustice to a defendant bank, it is easy to perceive a bank has within its own hands a very practical way. of preventing such occurrences. It is easy to require of a man who seeks to open a checking account in a bank that he open the same and transact his business in his own name rather than under a letter of the alphabet which but signifies a name. Had
The assignment of error is overruled and, judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.