the president delivered the Court’s opinion, that the judgment was erroneous, 61 in this, that the judge of the Court below refused t© *243give the instruction to the jury, required by the counsel for the plaintiffs, in the bill of exceptions mentioned,” and also erred in the instruction he actually gave.

Judgment reversed ; verdict set aside, and a new trial directed; “ on which trial no such instruction as the latter is to be given to the jury.”