National Standard Clothes Co. v. Golden
National Standard Clothes Co. v. Golden
Opinion of the Court
Opinion by
In an action of assumpsit after a trial by jury a verdict was returned for the defendant and before judgment was entered thereon the plaintiff filed a motion for judgment non obstante veredicto alleging certain trial errors in the admission of oral testimony, and with that motion, one for a new trial for the reason that the verdict was contrary to law and the undisputed evidence in the case. The trial court dismissed the motion for judgment non obstante veredicto and granted a new trial, from which order the defendant brings this appeal. It is urged that no exceptions were taken to the court’s ruling on the admissibility of the evidence nor to the charge of the court. It must be borne in mind that before a judgment is entered the record is peculiarly within the control of the court and for a manifest error committed in the trial, the court has the unquestioned power to correct such errors either by motion of counsel or of its own direction by granting a new trial. The same authority obtains for manifest misconduct of the jury or the rendering of a verdict which is perverse, the object being to prevent injustice and, after examining the whole record in this case, we are not convinced that there was any abuse of discretion in making the order. On the contrary, it was properly exercised and the appeal is, therefore, dismissed. The court may not strike off or vacate a judgment regular on its face, but it may open a judgment to give parties a hearing on trial: King v. Brooks, 72 Pa. 363. “The remedy for wrongful verdicts by new trial was established in England before the foundation of Pennsylvania. It was, therefore, part of the common law which the colonists brought with them and has always been exercised here: Kalbach v. Fisher, 1 Rawle 323,” is the statement made by Justice Mitchell in Fisher v. Ry. Co., 185 Pa. 602, and has been the recog
The order of the court below is affirmed.
Reference
- Full Case Name
- National Standard Clothes Company v. Max Golden
- Cited By
- 2 cases
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- Syllabus
- Practice, G. P. — New trials — Awarding—Discretion of court— Appeals. 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. 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.