Sloan v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania
Sloan v. Philadelphia & Reading Railway Co., 235 Pa. 155 (Pa. 1912)
83 A. 604; 1912 Pa. LEXIS 518
Brown, Elkin, Mestrezat, Moschzisker, Potter

Sloan v. Philadelphia & Reading Railway Co.

Opinion of the Court

Per Curiam,

Where on an appeal from a judgment non obstante veredicto, the judgment is reversed, and the record remitted with directions to the court below to enter such judgment as law and right require, the case then stands as though no proceedings in the court below had been *160taken after the rendering of the verdict; and it is for the court below to take such action with respect to the verdict as in its judgment law and right require. It follows that it may either direct judgment on the verdict, order a new trial on refusal of plaintiff to accede to a reduction in amount of the verdict, or order a new trial irrespective of any such condition. Within these limits the verdict is in the power of the court. In this case a new trial was ordered unconditionally. We must assume that this was done in the exercise of a sound discretion by the court, with a dew to accomplish the ends of justice, and the action is therefore not reviewable.

The appeal is dismissed at the cost of appellant.

Reference

Cited By
8 cases
Status
Published
Syllabus
Appeals — Judgment n. o. v. — Effect of reversal — New Trial. 1. Where on an appeal from a judgment non obstante veredicto, the judgment is reversed, and the record remitted with directions to the court below to enter such judgment as law and right may require, the case then stands as though no proceedings in the court below had been taken after the rendering of the verdict, and it is for that court below to take such action as in its judgment, law and right require. 2. If after such a reversal the court below orders a new trial unconditionally, the appellate court on an appeal from such order will assume the order was made in the exercise of a sound discretion, with a view to accomplish the ends of justice, and will not reverse it.