Opinion
Argued January 15, 1945
Decided March 1, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, NORTON, J.
Francis P. Heffernan for appellants.
William E. Lyons for respondent.
Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division. Whether or not the defect in question was discoverable upon reasonable inspection was properly submitted to the jury as a question of fact. No opinion.
Concur: LOUGHRAN, LEWIS, CONWAY, DESMOND, and DYE, JJ. Dissenting: LEHMAN, Ch. J., and THACHER, J.