Determination unanimously reversed, with costs to the appellants, and the judgment of the Municipal Court reinstated.
Though the origin of the fire be unknown, the trier of the facts could decide on the evidence, as it apparently did, that fire coming up the dumb-waiter shaft and doing the damage complained of was due to the accumulation of inflammable debris in the dumb-waiter pit. This the court could find was a condition fraught with exceptional danger as well...
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