BROXIE v. HOUSEHOLD FINANCE CO., 458 Pa. 668 (1974)

329 A.2d 835

Broxie, Petitioner, v. Household Finance Co.

Supreme Court of Pennsylvania.
December 30, 1974.

Appeals — Review — Issues not properly preserved in court below.

Petition for Allocatur, No. 641, Allocatur Docket, from order of Superior Court, April T., 1974, No. 118, reversing order of Court of Common Pleas, Civil Division, of Allegheny County, July T., 1971, No. 52, in case of Richard Broxie v. Household Finance Company, a corporation. Order granting new trial reversed and case remanded to Superior Court.

Same case in Superior Court: 228 Pa. Super. 284.

Trespass. Before WEKSELMAN, J.

Verdict for plaintiff and order entered dismissing defendant’s motions for new trial and judgment non obstante veredicto and judgment entered on the verdict. Defendant appealed to the Superior Court, which reversed the order of the court below and granted a new trial, opinion by PRICE, J. Appeal to Supreme Court allowed.

OPINION PER CURIAM, December 30, 1974:

The petition for allocatur is granted. The trial errors which caused the Superior Court to grant a new trial not having been properly preserved for appeal, see Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974); Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972), its order granting a new trial is reversed and the case is remanded to the Superior Court for consideration of the remaining issues raised in the appeal.

Page 1