Opinion
May 17, 1939.
Present — Sears, P.J., Lewis, Cunningham, Taylor and Dowling, JJ.
Judgment and order affirmed, with costs. Memorandum: The portion of the bottle admitted in evidence and the testimony that it was solidly imbedded in the ground and that its removal was difficult, were ample to permit the jury to draw therefrom the inference that it had been in the park path a sufficient length of time to charge the defendant with constructive notice thereof. All concur. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.)