OPINION PER CURIAM, March 16, 1965:
In this trespass case, the lower court ordered a new trial upon the ground that its instructions to the jury erroneously stated the applicable law to the prejudice of plaintiff-appellee. While defendant-appellant does not dispute that the charge was erroneous he asserts it was harmless, because, under the proof, the erroneous portion was inapplicable to the case and, therefore, would not have entered into the jury's conclusion ...
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