In this negligence action, the cause of respondent's injuries is not disputed, i.e., the firing of a shot by an intruder who had entered upon property of the New York Telephone Company, allegedly through a gate which was left unguarded by an employee of defendant. The trial court erred in ruling as a matter of law, to which defense counsel excepted, that "the duties and obligations imposed by the contractual relationship * * * between the defendant and the New York Telephone...
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