Opinion
December 30, 1942.
Action to recover damages for injuries sustained by plaintiff in falling as she was descending two steps in the church of the defendant. Plaintiff's proof was to the effect that in a dim light she mistook a ledge for a step. The ledge encroached upon the space and steps immediately in front of a gate, and the top of the ledge was between the first and second steps. Judgment for plaintiff affirmed, with costs. No opinion. Hagarty, Taylor and Close, JJ., concur; Carswell and Adel, JJ., dissent and vote to reverse the judgment and to dismiss the complaint on the ground that no negligence was established.