The order for a jury trial is to be interpreted by the trial justice making it in respect to its application to the trial had or to any retrial as well. Lear v. Brodeur, 84 N.H. 549, 550. If it was to apply to a retrial, it may be set aside upon a finding of accident, mistake or misfortune causing the continuance of the order to be unjust, conformably with the statutory principle (P.L., c. 342) relating to new trials.

Case discharged. *Page 389