Judgment reversed on the law and facts and a new trial granted, without costs of this appeal to either party.
Memorandum:
The complaints were framed on the theory of negligent maintenance. It was alleged that the defendant had or should have had notice and knowledge of the glass in the pool. There was no allegation that lack of supervision during the afternoon in question was a cause of the accident. The jury was waived and the court became the judge of the...
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