Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The questions of fact have not been considered. Plaintiff testified that the patch of ice on which she fell was "gray, dirty, rather choppy looking, as if it had been pried; chopped." Defendant's employee testified that the patch of ice was thin and clean. The investigating police officer testified that the ice was smooth and quite slippery and that the rest of the sidewalk had been...
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