Opinion
December 7, 1961
Appeal from the Chautauqua Trial Term.
Present — Williams, P.J., Bastow, Goldman, Halpern and McClusky, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to any party. Memorandum: We find sufficient evidence in the record to authorize a finding by the jury that the construction was dangerous, but the record is not sufficiently clear as to the cause of the accident.