absence of clear error in Pennsylvania

1964We cannot reverse in the absence of clear error (Manheim v. Board of Commissioners of Venango County, 330 Pa. 92, at 93 ), which is not apparent in the record.

1939The gift must be the free and intelligent act of the donor: McCown v. Fraser, 327 Pa. 561 . (2) The findings of a chancellor based on substantial testimony and affirmed by the court in banc have the effect of a verdict of a jury and cannot be reversed on appeal, in the absence of clear error: Manheim v. Bd. of Co. Comm., 330 Pa. 92 .

1989When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action." Id. at 85 , 43 A.2d at 542 ; accord Hevener v. Reilly, [266] Pa.Super. [386], 404 A.2d 1343 (1979); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A.2d 438 (1979); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). "[T]he function of determining whether a jury's verdict is arbitrary and capricious lies with the trial court, and its decisions will not be set aside in the absence of clear error of law or palpable abuse of

1989When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action." Id. at 85 , 43 A.2d at 542 ; accord Hevener v. Reilly, [266] Pa.Super. [386], 404 A.2d 1343 (1979); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A.2d 438 (1979); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). "[T]he function of determining whether a jury's verdict is arbitrary and capricious lies with the trial court, and its decisions will not be set aside in the absence of clear error of law or palpable abuse of

1989While the appellate court will review the entire record to determine whether an inadequate and unjust verdict has occurred, Prince v. Adams, 229 Pa.Super. 150 , 324 A.2d 358 (1974), it is "justified in declaring the lower court guilty of such an abuse of discretion only if [it is] clearly convinced by the *333 record that the jury was influenced by partiality or some misconception of the law or the evidence." Gottlob v. Hillegas, 195 Pa.Super. 453, 457 , 171 A.2d 868, 870 (1961).

1989While the appellate court will review the entire record to determine whether an inadequate and unjust verdict has occurred, Prince v. Adams, 229 Pa.Super. 150 , 324 A.2d 358 (1974), it is "justified in declaring the lower court guilty of such an abuse of discretion only if [it is] clearly convinced by the *333 record that the jury was influenced by partiality or some misconception of the law or the evidence." Gottlob v. Hillegas, 195 Pa.Super. 453, 457 , 171 A.2d 868, 870 (1961).

1989When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action." Id. at 85 , 43 A.2d at 542 ; accord Hevener v. Reilly, [266] Pa.Super. [386], 404 A.2d 1343 (1979); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A.2d 438 (1979); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). "[T]he function of determining whether a jury's verdict is arbitrary and capricious lies with the trial court, and its decisions will not be set aside in the absence of clear error of law or palpable abuse of

1989When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action." Id. at 85 , 43 A.2d at 542 ; accord Hevener v. Reilly, [266] Pa.Super. [386], 404 A.2d 1343 (1979); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A.2d 438 (1979); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). "[T]he function of determining whether a jury's verdict is arbitrary and capricious lies with the trial court, and its decisions will not be set aside in the absence of clear error of law or palpable abuse of

1986Gagliano v. Ditzler, 437 Pa. 230 , 263 A.2d 319 (1970); Rhodes v. Hollender, 260 Pa.Super. 290 , 393 A.2d 1268 (1978); Gottlob v. Hillegas, 195 Pa.Super. 453 , 171 A.2d 868 (1961).

1986Gagliano v. Ditzler, 437 Pa. 230 , 263 A.2d 319 (1970); Rhodes v. Hollender, 260 Pa.Super. 290 , 393 A.2d 1268 (1978); Gottlob v. Hillegas, 195 Pa.Super. 453 , 171 A.2d 868 (1961).

1986Gagliano v. Ditzler, 437 Pa. 230 , 263 A.2d 319 (1970); Rhodes v. Hollender, 260 Pa.Super. 290 , 393 A.2d 1268 (1978); Gottlob v. Hillegas, 195 Pa.Super. 453 , 171 A.2d 868 (1961).

1986Gagliano v. Ditzler, 437 Pa. 230 , 263 A.2d 319 (1970); Rhodes v. Hollender, 260 Pa.Super. 290 , 393 A.2d 1268 (1978); Gottlob v. Hillegas, 195 Pa.Super. 453 , 171 A.2d 868 (1961).

1973“The findings of fact of a chancellor . . . will not be disturbed on appeal, in the absence of clear error, if they are supported by adequate evidence or reasonable inferences therefrom. . . .” [Footnotes omitted.] Accord, Scientific Living, Inc. v. Hohensee, 440 Pa. 280 , 270 A. 2d 216 (1970), cert. denied, 402 U.S. 1012 (1971), rehearing denied, 404 U.S. 874 (1971).

1973“The findings of fact of a chancellor . . . will not be disturbed on appeal, in the absence of clear error, if they are supported by adequate evidence or reasonable inferences therefrom. . . .” [Footnotes omitted.] Accord, Scientific Living, Inc. v. Hohensee, 440 Pa. 280 , 270 A. 2d 216 (1970), cert. denied, 402 U.S. 1012 (1971), rehearing denied, 404 U.S. 874 (1971).

1973“The findings of fact of a chancellor . . . will not be disturbed on appeal, in the absence of clear error, if they are supported by adequate evidence or reasonable inferences therefrom. . . .” [Footnotes omitted.] Accord, Scientific Living, Inc. v. Hohensee, 440 Pa. 280 , 270 A. 2d 216 (1970), cert. denied, 402 U.S. 1012 (1971), rehearing denied, 404 U.S. 874 (1971).

1973“The narrow standard of ‘manifest error’ as to scope of review is stated in 9 Standard Pennsylvania Practice, Ch. 40, §113, with regard to findings in equity: ‘Ordinarily, when the appellate court ascertains that the conclusions of fact reached by the trial court rest upon sufficient evidence and that the record discloses no manifest error in the deduction from the evidence, its duty in this respect has been fully discharged. “ ‘The findings of fact of a chancellor . . . will not be disturbed on appeal, in the absence of clear error, if they are supported by adequate evidence or reasonable inf

1973“The findings of fact of a chancellor . . . will not be disturbed on appeal, in the absence of clear error, if they are supported by adequate evidence or reasonable inferences therefrom. . . .” [Footnotes omitted.] Accord, Scientific Living, Inc. v. Hohensee, 440 Pa. 280 , 270 A. 2d 216 (1970), cert. denied, 402 U.S. 1012 (1971), rehearing denied, 404 U.S. 874 (1971).

1973“The narrow standard of ‘manifest error’ as to scope of review is stated in 9 Standard Pennsylvania Practice, Ch. 40, §113, with regard to findings in equity: ‘Ordinarily, when the appellate court ascertains that the conclusions of fact reached by the trial court rest upon sufficient evidence and that the record discloses no manifest error in the deduction from the evidence, its duty in this respect has been fully discharged. “ ‘The findings of fact of a chancellor . . . will not be disturbed on appeal, in the absence of clear error, if they are supported by adequate evidence or reasonable inf

1934Such findings of fact will not be disturbed on appeal in the absence of clear error (Andrew’s Est., 251 Pa. 320 , 96 A. 747 ; Smith’s Est.

1934Such findings of fact will not be disturbed on appeal in the absence of clear error (Andrew’s Est., 251 Pa. 320 , 96 A. 747 ; Smith’s Est.

1931In the absence of clear error, which is not here apparent, this court must give the finding of the master the effect of the verdict of a jury: Niland v. Gill, 99 Pa. Superior Ct. 107 ; Shelton’s Estate, 95 Pa. Superior Ct. 363, 367 ; Schwoyer’s Estate, 288 Pa. 541, 544 ; Gross’s Estate, 284 Pa. 73, 78 .

1930Under such circumstances an appellate court, in the absence of clear error,, which is not here apparent, must give the finding, so approved by the court, the effect of the verdict of a jury: Gross’ Est., 284 Pa. 73, 78 .

1921The evidence fully sustains the conclusion of the court below; and, under the recognized rule that the findings of a chancellor, based upon sufficient evidence, will not be reversed in the absence of clear error, the judgment must be affirmed: Scranton v. Scranton Coal Co., 256 Pa. 322 ; Hull v. Delaware & Hudson Co., 255 Pa. 233 ; MacDougall v. Citizens National Bank, 265 Pa. 170 .

1921Many of the thirty-two assignments of error are directed to the findings of fact, which are fully sustained by the evidence; and, under the recognized rule, that the findings of a chancellor, based upon sufficient evidence, will not be reversed, in the absence of clear error, the assignments in question should be and are overruled: MacDougall v. Citizens National Bank, 265 Pa. 170 .

1992O’Merle v. Monroe County Board of Assessment, 95 Pa.Commonwealth Ct. 141, 504 A.2d 975 (1986).

1984Merion Springs Co. v. Muelles Hnos Garcia Torres,_Pa. Super._, 462 A.2d 686 (1982).

1979When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action.” Id., 158 Pa.Super. at 85 , 43 A.2d at 542 ; accord Black v. Ritchey, 432 Pa. 366 , 248 A.2d 771 (1968); Thompson v. Iannuzzi, 403 Pa. 329 , 169 A.2d 777 (1961); Paustenbaugh v. Ward Baking Co., 374 Pa. 418 , 97 A.2d 816 (1953); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A 2d 438 (1979); Austin v. Harnish, 227 Pa.Super. 199 , 323 A.2d 871 (1974); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). “[T]he function of d

1979When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action.” Id., 158 Pa.Super. at 85 , 43 A.2d at 542 ; accord Black v. Ritchey, 432 Pa. 366 , 248 A.2d 771 (1968); Thompson v. Iannuzzi, 403 Pa. 329 , 169 A.2d 777 (1961); Paustenbaugh v. Ward Baking Co., 374 Pa. 418 , 97 A.2d 816 (1953); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A 2d 438 (1979); Austin v. Harnish, 227 Pa.Super. 199 , 323 A.2d 871 (1974); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). “[T]he function of d

1979When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action.” Id., 158 Pa.Super. at 85 , 43 A.2d at 542 ; accord Black v. Ritchey, 432 Pa. 366 , 248 A.2d 771 (1968); Thompson v. Iannuzzi, 403 Pa. 329 , 169 A.2d 777 (1961); Paustenbaugh v. Ward Baking Co., 374 Pa. 418 , 97 A.2d 816 (1953); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A 2d 438 (1979); Austin v. Harnish, 227 Pa.Super. 199 , 323 A.2d 871 (1974); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). “[T]he function of d

1979When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action.” Id., 158 Pa.Super. at 85 , 43 A.2d at 542 ; accord Black v. Ritchey, 432 Pa. 366 , 248 A.2d 771 (1968); Thompson v. Iannuzzi, 403 Pa. 329 , 169 A.2d 777 (1961); Paustenbaugh v. Ward Baking Co., 374 Pa. 418 , 97 A.2d 816 (1953); Bronchak v. Rebmann, 263 Pa.Super. 136 , 397 A 2d 438 (1979); Austin v. Harnish, 227 Pa.Super. 199 , 323 A.2d 871 (1974); Cohen v. Food Fair Stores Inc., 190 Pa.Super. 620 , 155 A.2d 441 (1959). “[T]he function of d

1978The Fume a Liquor License Case, 186 Pa.Super. 609 , 142 A.2d 326 (1958), and Secrist Liquor License Case, 195 Pa.Super. 73 , 169 A.2d 314 (1961), are also instructive.

1978The Fume a Liquor License Case, 186 Pa.Super. 609 , 142 A.2d 326 (1958), and Secrist Liquor License Case, 195 Pa.Super. 73 , 169 A.2d 314 (1961), are also instructive.

1978The Fume a Liquor License Case, 186 Pa.Super. 609 , 142 A.2d 326 (1958), and Secrist Liquor License Case, 195 Pa.Super. 73 , 169 A.2d 314 (1961), are also instructive.

1978The Fume a Liquor License Case, 186 Pa.Super. 609 , 142 A.2d 326 (1958), and Secrist Liquor License Case, 195 Pa.Super. 73 , 169 A.2d 314 (1961), are also instructive.

1961We are justified in declaring the lower court guilty of such an abuse of discretion only if we are clearly convinced by the record that the jury was influenced by partiality, passion, prejudice or some misconception of the law or the evidence: Carpenelli v. Scranton Bus Co., 350 Pa. 184 , 38 A. 2d 44 ; Simpkins v. Richey, 192 Pa. Superior Ct. 46 , 159 A. 2d 17 ; McCluskey v. Poloha, 194 Pa. Superior Ct. 286 , 116 A. 2d 334 .

1961We are justified in declaring the lower court guilty of such an abuse of discretion only if we are clearly convinced by the record that the jury was influenced by partiality, passion, prejudice or some misconception of the law or the evidence: Carpenelli v. Scranton Bus Co., 350 Pa. 184 , 38 A. 2d 44 ; Simpkins v. Richey, 192 Pa. Superior Ct. 46 , 159 A. 2d 17 ; McCluskey v. Poloha, 194 Pa. Superior Ct. 286 , 116 A. 2d 334 .

1961When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action’ The function of determining whether a jury’s verdict is arbitrary and capricious is within the province of the trial court, and its decision will not be set aside in the absence of clear error of law or palpable abuse of- discretion: Wilbert v. Pittsburgh Consolidation Coal Co., 385 Pa. 149 , 122 A. 2d 406 .

1961When the trial court refuses relief against an allegedly inadequate verdict the appellate court will exercise even greater caution in reviewing its action’ The function of determining whether a jury’s verdict is arbitrary and capricious is within the province of the trial court, and its decision will not be set aside in the absence of clear error of law or palpable abuse of- discretion: Wilbert v. Pittsburgh Consolidation Coal Co., 385 Pa. 149 , 122 A. 2d 406 .