ACTION, for personal injuries under Laws 1911, c. 163. After the overruling of the defendant's exceptions, (see 78 N.H. 610) the plaintiff's motion for judgment was denied by the superior court subject to exception. Upon the hearing of that motion the superior court found that the issue whether the defendant failed to instruct the plaintiff as to shutting off the power (upon which it was held in 78 N.H. 610 that there was evidence authorizing the submission of the case to the jury) was not submitted at the trial, that the plaintiff rested his case upon the claim of negligence in two particulars only, (1) failure to furnish suitable guards and (2) a defective clutch; that the plaintiff waived the failure to instruct as a ground of liability and that justice did not require a new trial.