Opinion
Argued June 5, 1924
Decided July 5, 1924
Edward P. Mowton for Mathias J. Albrecht, appellant.
Robert P. Beyer and Adolph Waxenbaum for Fannie Waxenbaum, appellant.
Julian J. Raphael and Samuel R. Robinson for respondent.
We think a reasonable man could not reasonably suppose that the iron rod, appearing as it did, and situated as it was, had been placed in the pole as a substitute for a spike, or that there was any invitation to mount or descend thereon.
The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.
HISCOCK, Ch. J., CARDOZO, POUND and McLAUGHLIN, JJ., concur; CRANE, ANDREWS and LEHMAN, JJ., dissent.
Judgment reversed, etc.