Berman v. Adams Express Co.

Superior Court of Pennsylvania February 28, 1920

Berman v. Adams Express Co., 73 Pa. Super. 314 (1920)

1920 Pa. Super. LEXIS 7

Head, Henderson, Keller, Orlady, Porter, Trexler

Opinion of the Court

Per Curiam,

The adjustment of a simple question of fact determined the plaintiff’s right to recover in this case. There was no dispute as to the delivery of the goods to the defendant company. The jury decided that the consignee never received them, and the controlling question was fairly and fully submitted under a charge that is free from error. The sufficiency of the explanation given by the defendant for failing to adduce evidence in its possession at the time of the trial, was purely a question for the court below in determining whether a new trial should be granted. For the reasons given by the trial judge in refusing a new trial, the judgment is affirmed.

Reference

Cited By: 2 cases
Status: Published
Syllabus: Practice, C. P. — New trials — After-discovered evidence — Discretion of court. In. an action to recover for the loss of certain articles consigned to a common carrier, the case is for the jury and a verdict for plaintiff -will be sustained, where the question is purely one of fact as to whether or not the goods had been delivered in accordance with the contract of shipment; and the controlling question was fairly and fully submitted under a charge that was free from error. A petition for a new trial on the ground of after-discovered evidence is purely a question for the court and it is for it to decide as to its sufficiency. In the absence of any evidence of abuse of discretion the action of the lower court will he affirmed.