Opinion
April 7, 1947.
Action to recover damages for personal injuries sustained by plaintiff when, upon undertaking to deliver a telegram to an office in the defendant's building, she was cut by breaking glass in the office door. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. The verdict is against the weight of the evidence.
There was no proof of a defective condition or of such a condition of danger as would warrant a finding of negligence on the part of defendant. ( McCabe v. Mackay, 253 N.Y. 440.) Moreover, plaintiff did not establish that there was any causal relation between the claimed dimness of light and the accident. ( Dickerson v. Long Island R.R. Co., 266 App. Div. 852; White v. Lehigh Valley R.R. Co., 220 N.Y. 131.)