"Where complete and fubftential jufttce has. been done* a new trial will not bo granted, though the judge who tried the caufe may have been miilaken in point of law; as where an action was brought by a perfon for a violent affault on her niece, who lived with her, per quod ferv. ami/it, and the judge held that the aunt Hood in loco parentis, whereon large damages were given; — the plaintiff undertaking to pay the damages to the niece* and the niece not to proceed in an action which"