Wait v. Postal Telegraph-Cable Co. , 173 A.D. 979 ( 1916 )

Plaintiff’s exception to the dismissal of the complaint is sustained and a new trial granted, costs to abide the event, upon the ground that upon the evidence it was a question of fact for the jury whether or not the Aveak condition of poles Hos. 1, 2 and 3, due to defendant’s negligence in maintaining them, was a proximate cause of their fall. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.