“ It follows that our duty is to affirm and modify; that is, to affirm the judgment of reversal, and to modify by reversing so much of the action of the court below as directed the entry of a judgment in favor of the defendant. Conformably to this conclusion it is ordered that the judgment of reversal be, and the same is hereby, affirmed, and that the direction for entry of judgment in favor of defendant be reversed, and the case is remanded to the trial court, with directions to set aside its judgment and grant a new trial. ”

“ We shall not undertake to analyze the evidence, or review the grounds which led the court below to conclude that error was committed in submitting the case to the jury, because we think it is adequate to say that after a careful examination of the record we see no reason for holding that the court below erred in so deciding. ”