Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The record is indefinite as to the manner of the happening of the accident. The facts from which the jury were permitted to draw the inference that the wheel chair was in a defective condition were not clearly established. Since the plaintiff was suffering from a prior injury at the time of the accident in question, it was also...
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