Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.
The appeal did not present questions of fact. Early on the morning of December 27, 1967 plaintiff was allegedly struck by a piece of steel which had crashed through the windshield of his automobile. The sole witness, he testified that at the time of the occurrence he was driving along Broadway in Brooklyn underneath an elevated structure; as he approached...
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