Superior Court of Pennsylvania, 1946

Durdella v. Rothman

Durdella v. Rothman
Superior Court of Pennsylvania · Decided October 4, 1946 · Baldrige, Rhodes, Hirt, Reno, Dithrich, Ross, Arnold
49 A.2d 64; 159 Pa. Super. 508; 1946 Pa. Super. LEXIS 422 (Atlantic Reporter, Second Series)

Durdella v. Rothman

Opinion of the Court

Per Curiam,

We find no merit in the contention of appellant that the court abused its discretion and acted in an arbitrary manner in granting a new trial in this case. It appears that a new trial was granted, not on questions of law but in the exercise of a general discretion. Our appellate courts have uniformly held that under such circumstances the action of the lower court will not be reviewed. Com. v. Dolan et al., 155 Pa. Superior Ct. 453, 456, 38 A. 2d 497; Kerr et ux. v. Kofer et al., 341 Pa. 47, 17 A. 2d 886; Weinfeld v. Funk, 342 Pa. 160, 20 A. 2d 206.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.