Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
Plaintiff was entitled to have a jury pass upon the issues of defendant's negligence, proximate cause and plaintiff's freedom from contributory negligence. A jury might well find that defendant, acting as his own general contractor in over-all control of the project, had been guilty of a violation of rule 23-3.9 adopted by...
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