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MUROSKY v. SPAULDING

402 Pa. 86 (1960)

Murosky v. Spaulding, Appellant.

Supreme Court of Pennsylvania.

November 15, 1960.

Attorney(s) appearing for the Case

John A. Blackmore, with him Blackmore & Greishober, for appellants.

John E. Britton, with him Gifford, Graham, MacDonald & Illig, for appellant.

Will J. Schaaf, with him John A. Spaeder, and Marsh, Spaeder, Baur, Spaeder & Schaaf, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, November 15, 1960:

These appeals present in slightly novel guise an old inquiry: do the circumstances warrant an appellate court in reversing the grant of a new trial in a trespass action by a lower court?

The factual background of this litigation was stated by Judge ERVIN speaking for the Superior Court in Murosky v. Spaulding, 188 Pa.Super. 306, 146 A.2d 339: ". ....

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