Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The plaintiff had a verdict for injuries alleged to have been sustained by a fall on the defendant's premises. It was established that the plaintiff was a business invitee. The theory of liability, as set out in the complaint, was that on the day of the accident, "and for many days preceding", the defendant permitted an accumulation of...
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