I concur with the rest of the court in the reversal of this judgment for the errors indicated in the opinion of Judge Parker, but I dissent j in the opinion that the court of common pleas erred in refusing to set aside the verdict on the ground that it was against the weight of the evidence.
In my judgment under the decision of the Supreme Court, it would have been an invasion of the province of the jury for the court of com-' mon pleas to have granted a new trial on that ground.