Previte v. McGovern

215 A.D. 767 | N.Y. App. Div. | 1925

Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event, upon the ground that the defendant was entitled to a request to charge so that the jury would have before them the principle of law requiring the defendant to have had either actual or constructive notice of the defect claimed, where there is no claim that the platform was defectively constructed. Present — Clarke, P. J., Merrell, Finch, Martin and Burr, JJ.