Majority
p. 881WILLIAM H. HARRISON, App’lt, v. DEL., LACK. AND WEST. R. R. CO., Resp’t.
E. D. Crosleg, for app’lt; Huger, Jenney, Biooks <6 French, for resp’t.
—This is a motion for a new trial ordered here in the first instance after a nonsuit at the circuit.
If these conclusions be correct the nonsuit was properly granted, and the motion for a new trial should be denied and judgment ordered for the defendant on the nonsuit, with costs.
Follett and Hardin, JJ , concur.