VOS v. CARROLL.
(Circuit Court, E. D. Pennsylvania.
July 15, 1903.)
No. 48.
A. S. Arnold, for plaintiff. T. E. White, for defendant.
[MAJORITY — J. B. McPHERSON, District Judge.]
J. B. McPHERSON, District Judge.
It is clear that the motion for a new trial must prevail. Dist. of Columbia v. Armes, 107 U. S. 519, 2 Sup. Ct. 840, 27 L. Ed. 618. This being so, it may not be amiss for me to express my opinion that both parties may find it judicious to come to a settlement of the case on moderate terms, rather than to encounter the uncertainty and expense of further litigation. A new trial is granted.