CALLWOOD v. CONSOL. EDISON CO. OF NEW YORK, INC.


286 A.D. 838 (1955)

Clifford Callwood, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1955.


Judgment appealed from reversed and complaint dismissed, with costs upon the ground that plaintiff failed to establish actionable negligence on the part of defendant. There was no credible evidence which established any causal relation between the alleged dripping water from the roof and the ice on the sidewalk.

BASTOW, J. (dissenting in part).

I agree with the majority that the judgment appealed from must be reversed but I would order a new trial...

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