The infant plaintiff was injured by a wire which had been pulled from a vandalized pay phone and stretched to a nearby fence. Plaintiff's notice witness, a relative of plaintiff through marriage, was deposed, and stated that the pay phone had been repeatedly vandalized and repaired in the past, but that when last seen by the witness prior to the day of the accident, the telephone was in good repair.
It was incumbent on the plaintiffs, in opposition to the motion,...
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