
    Andrew J. Constantine, Respondent, v. Charles F. Miner, Appellant.
   Judgment and order reversed and new trial granted, with costs to abide the event, upon the grounds that the trial justice erred in denying defendant’s motions to strike out at folios 64 and 68, and also, although without objection of defendant’s counsel, in submitting to the jury the failure to give notice to plaintiff that the log was about to be moved, as a possible item or alternative of defendant’s negligence. Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.  