Damiani v. Haberman

Dissenting Opinion by

Wright, J.:

I respectfully dissent. The case at bar was vigorously contested, not only as to liability, but also as to the nature and extent of the injury. The substantial jury verdict bears a reasonable resemblance to the damages proved, and was clearly a compromise. It is my view that it should not have been disturbed by the court below. “In these days of intractable back-logs in many trial courts, new trials in negligence cases should not be granted without substantial reason”: Gombar v. Schaeffer, 202 Pa. Superior Ct. 282, 195 A. 2d 527.

Woodside, J., joins in this dissenting opinion.