Kappesser v. Hogan , 194 A.D. 978 ( 1920 )

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the plaintiff made out a prima facie case. The evidence tends to show that the coping was insecure and dangerous and does not establish as a matter of law that the defendant owner had leased the premises and was out of possession and control thereof as defendant contends. All concur.