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WEXLER v. BONWIT (01/05/53)

January 5, 1953

WEXLER, APPELLANT,
v.
BONWIT, TELLER & COMPANY OF PHILADELPHIA



Appeal, No. 249, Jan. T., 1952, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1950, No. 6368, in case of Ruth J. Wexler v. Bonwit, Teller & Company of Philadelphia. Order affirmed.

COUNSEL

George J. Ivins, for appellant.

Samuel D. Goodis, with him Thomas F. Devine and Sundheim, Folz, Kamsler & Goodis, for appellee.

Before Stern, C.j., Stearne, Jones and Chidsey, JJ.

[ 372 Pa. Page 251]

OPINION PER CURIAM

The appeal is by plaintiff from an order granting a new trial, the assigned reason being that the verdict was against the weight of the evidence. President Judge BROWN in his opinion reviewed the evidence at length. We are unable to discover any palpable abuse of discretion and therefore decline to disturb such exercise of discretion: Bellettiere v. Philadelphia, 367 Pa. 638, 81 A.2d 857; Beal v. Reading Company, 370 Pa. 45, 87 A.2d 214.

Order affirmed.

Disposition

Order affirmed.

19530105

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