Opinion
January, 1907.
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 plaintiff's injury was not of such a character that an ordinarily prudent person would have anticipated it as liable to happen, and that there was no negligence attributable 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.