HENDERSON, J., delivered the opinion of the Court.
We advanced this case for hearing upon a motion to dismiss the appeal, but at the hearing of the motion both sides agreed to submit the case on the merits and we heard arguments both on the motion and on the merits. The only questions raised are whether the motion to dismiss should be granted, and, if not, whether the trial court erred in refusing to set aside the verdict and to grant a new trial.
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