82 F.2d 708 - Florini v. Stegner — 82 F.2d 708

How this case has been cited

Cited by 9 later decisions — most recently July 1960

8 federal appellate · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1R. L. Levy and Lawrence R. Van Deusen, both of Scranton, Pa., for appellant.

¶2Walter W. Harris (of O’Malley, Hill, Harris, & Harris), of Scranton, Pa., for appellee.

¶3Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

¶4BUFFINGTON, Circuit Judge.

¶5This is an appeal from an order of the court granting a new trial. Plaintiff had brought suit to recover damages for personal injuries received by him as a result of a collision between the motorcycle which he was riding and a truck owned by defendants. A verdict was returned in favor of the plaintiff. Upon argument, the *709District Court granted a new trial. The appeal is from such order. No question of bias, prejudice, or arbitrary action is involved.

¶6Our appellate jurisdiction is restricted to reviewing final decisions and to reviewing interlocutory orders or decrees only as are specified in 28 U.S.C.A. §§ 225, 227. An order granting a new trial is not a final decision, since it does not finally determine the rights of the parties. The granting of the new trial obviously does not come within our jurisdiction.

¶7The parties orally asked us to pass on the merits so as to avoid the necessity of a new trial. Being without jurisdiction of the appeal, we are unwilling to act on this oral request, and so restrict ourselves to dismissing it.