Sloan v. Philadelphia & Reading Railway Co.

83 A. 604, 235 Pa. 155, 1912 Pa. LEXIS 518

• Court: Supreme Court of Pennsylvania
• Decided: February 19, 1912
• Docket: Appeal, No. 309
• Status: Published

Opinion

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 taken 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.