¶1Dissenting Opinion by
¶2I dissent on the ground that even though the court below made an order dismissing the motion for a new trial, the record clearly shows that the court below did not consider the motion on its merits or the reasons advanced for a new trial, but dismissed the new trial motion solely because it granted a judgment n.o.v. Under these circumstances, proper practice and fairness to the court below and to all parties concerned mandates that the court below be given an opportunity initially to consider and pass upon the question of a new trial.