Appeals from order of Court of Common Pleas of Allegheny County, April T., 1965, No. 182, and Jan. T., 1966, No. 2732, in cases of Frances Lewandowski et vir v. Joseph Horne Company, and Same v. Christ King et al.
Ronald P. Koerner, with him Arthur D. Gatz, Jr., and Gatz, Cohen and O'Brien, for appellants.
James P. McKenna, Jr., with him Dickie, McCamey & Chilcote, for appellees.
Kim Darragh, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellees.
Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Pomeroy took no part in the decision of this case. Dissenting Opinion by Mr. Justice O'Brien. Dissenting Opinion by Mr. Justice Roberts.
Order granting a new trial affirmed.
Dissenting Opinion by Mr. Justice O'Brien:
While I agree with the majority that the verdict in this case should not be molded, I disagree with its conclusion that a new trial, generally, should be granted. The verdict of the jury clearly established the liability of all of the appellees, and the record indicates no trial error which might have influenced the jury's conclusions as to liability. Inasmuch as the issue of liability has been fairly tried, I deem it highly unjust to require appellants to litigate that issue again and hence, I would limit the new trial to the question of damages only.
Dissenting Opinion by Mr. Justice Roberts:
Viewed in the light most favorable to appellants, the evidence shows that on December 14, 1963 at about 2 P.M., appellant ...