Judgment reversed, on the law, and new trial granted, with costs to abide the event.
Plaintiff testified that he fell on a patch of ice on the sidewalk directly in front of defendant Firestone's store. No one testified to viewing the ice prior to the accident. However, the responding police officer and an employee of defendant Firestone both saw the patch of ice immediately following plaintiff's fall. It was undisputed that there had been a snow storm two days prior...
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