Judgment reversed and a new trial ordered, with costs to appellant to abide the event.
In our opinion appellant made out a prima facie case. Respondent was duty bound to use reasonable care by way of inspection at appropriate intervals to determine whether the pole was reasonably safe for use. (Sizse v. Wegmann, 169 App. Div. 112.) It was for the jury to say whether or not the failure to use reasonable care constituted negligence. (Fornagiel v. Wacholder...
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