This is an appeal from tbe order of the court below granting a new trial in an action of trespass to recover damages for tbe death of plaintiff’s husband. The new trial was granted for tbe sole reason that tbe trial judge felt that be bad not properly instructed tbe jury as to its duty in passing upon the credibility of tbe testimony of a doctor called on behalf of plaintiff. In bis opinion, tbe judge states be thinks justice is best served by a new trial. Tbe trial judge did not abuse bis discretion.

Order affirmed.