The fact that the rope broke is not of itself evidence of decay or other defect. (Dugan v. American Transfer Co., 160 App. Div. 11.) There is no proof of the cause of the breaking of the rope or that the rope was defective. There is no testimony that the rope became rotten and unsafe as the result of exposure. (Cf. Baker v. Allegheny Valley R. R. Co., 95 Pa. 211.) Furthermore, there is no proof that defendant knew of the alleged defective condition. Although...
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