CAPOTOSTO, J.
PER CURIAM.
In accordance with leave granted in our opinion, 108 A.2d 903, filed November 12, 1954 counsel for the defendant appeared to show cause why judgment on the issue of liability should not be remitted to he superior court for a new trial on the question of damages only.
The defendant's counsel now points out more particularly and cogently than in the original argument certain testimony which could have a bearing on the meaning to be given the superior court's decision and also would be of important assistance to a trial justice in determining where the fair preponderance of evidence lies.
Since in any event the issue of damages is to be tried again, we are of the opinion that for the reasons set forth by the defendant's counsel it is in the interest of justice that te case be not remitted for entry of judgment as indicated in our opinion but that it be remitted to the superior court for a new trial on all issues.
CAPOTOSTO, J., not participating.