
    Patrick J. O’Connor, Respondent, v. Henry P. Burgard, Appellant.
    Defendant's exceptions sustained and motion for new trial granted, with costs to the defendant to abide event. Held, that the evidence failed to establish actionable negligence on the part of the defendant, in that the accident which caused plain- ' tiff’s injury was not of such a character that an ordinarily prudent person would have anticipated it as liable to happen, and that ttiere was no negligence attribut- : able to defendant in failing to guard against the possibility of its occurrence.
   All concurred, except Kruse, J., who dissented. Order denying motion for new trial on the ground of newly-discovered evidence affirmed, with costs. All concurred.  