Superior Court of Pennsylvania December 15, 1908, Appeal, No. 28 (Stern v. Johnston)

Opinion by

Orlady, J.,

The only error assigned by the appellant is, that the court erred in making absolute the rule for a new trial. As early as Burd v. Lessee of Dansdale, 2 Binney, 80, and Burke v. Lessee of Young, 2 S. & R. 383, it was held that there was no error in the refusal of the trial court to grant a new trial of which the supreme court should take cognizance.