OPINION BY MR. JUSTICE ARNOLD, November 11, 1957:
In this action of assumpsit (sounding in tort) the jury returned a verdict for defendant and the court entered judgment thereon after refusal of plaintiff's motion for new trial. One of court en banc having died before the opinion was rendered, the judgment was set aside and a reargument had. New trial was then awarded, and defendant now appeals. The award of new trial was on the ground that "the ends of justice require...
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