Rulo 59 (a) of the Rules of Civil Procedure for the District Courts of the United States in part provides:

"A now trial may be granted to all or any of the parties and on all or part of the issucs ***."

My examination of the ovidence submitted at the trial, convinces me that there can be no need of another trial on the question of negligence or contributory negligence, and I agree completely with the determination of the jury on those points. Tho plaintiffs wore ontitlod to a verdict.

Counsel may consult with themselves, and with the Court if they desire, in an effort to arrive at a just amount.

If it is impossible to come to agrooment, the rule will be made absolute and a now trial ordered as to damages only, as it affects the plaintiffs Martha Chosovski and Wanda Chosevski. The verdict as to plaintiff Charles B. Cho sevski will stand and as to him the rule will be discharged.

United States Court of Appeals for the District of Columbia

Order by the Court promulgated October 11, 1938.

"It is ordered by the court that in actions at law in which an appeal to this court was perfected in the District Court prior to September 16, 1938, and in which causes the bill of exceptions had not been settled and signed prior to that date and the time for filing and settling the bill of exceptions had not expired prior to September 16, 1938, the bill cf exceptions is no longer required; in such cases testimony of witnesses designated for inclusion in the transcript on appeal shall be proprred as prescribed in Rule 75 (c) of the Federal Rules of Civil Procedure."