| NY | May 29, 1928
Judgment of Appellate Division and that of Trial Term reversed and new trial granted, with costs to abide event, on the ground that the trial judge erroneously charged the jury that as a matter of law the pile of lumber was in the custody and control of the defendants, and that they were alone responsible for any negligence involved in the falling of the pile.
Concur: CARDOZO, Ch. J., CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ. Not sitting: POUND, J.