Judgment reversed, on the law, and new trial granted, with costs to abide the event.
No questions of fact were presented on this appeal. In our view the evidence raised a question of fact as to whether the design of the machine was defective and whether the defect was latent or patent. Accordingly, it was error to dismiss the complaint. We do not take a position as to whether the alleged defect was latent or patent, but merely conclude that the evidence was sufficient...
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