Amore

This is an appeal by defendant from an order of the trial court granting plaintiffs a new trial “upon the issue of damages alone upon the ground of irregularity in the proceedings of defendant Di Resta by which plaintiffs were prevented from having a fair trial, and also upon the ground of insufficiency of the evidence to justify the verdict in respect of its amount”.

The action was brought to recover damages for the wrongful death of one Joe Amore, who was the husband of plaintiff Josephine Amore, and the father of the two minor plaintiffs, Angelo Amore and Antonio Amore. The Market Street Railway Company had become liable for the death benefit provided by the Workmen’s Compensation, Insurance and Safety Act and joined as a party plaintiff. The jury returned a verdict in favor of plaintiffs in the sum of $1,000 and the trial court thereafter granted a new trial upon the grounds above mentioned.

Appellant contends that the trial court erred in granting the motion for new trial upon any ground as “the record does not disclose a case of liability against defendant”. Appellant apparently takes the position that the evidence was insufficient as a matter of law to support a verdict…