
    George B. Hubbard, Respondent, v. John P. Souther, Appellant.
   Order affirmed, with costs, on the ground that we are not prepared to say that the trial justice did not properly exercise his discretion, although we cannot concur in that part of the opinion in which it is stated that it was a physical impossibility for the accident to have occurred in the manner claimed by the defendant. All concur.  