Judgment and order reversed and new trial granted, with costs to abide the event, upon the ground that the trial justice erred to the substantial prejudice of defendant in refusing to charge the request at folio 417, and also at folio 426, in instructing the jury that the pole had not been accepted by the city prior to the accident. Jenks, P. J., Mills, Biaekmar, Kelly and Jaycox, JJ., concur.