Judgment reversed on the law and a new trial granted, with costs to abide the event.
The accident, in which the plaintiff was injured, was allegedly brought about by a defect in the structure of the dance floor where she fell, and not because of a condition of a transient and possibly recent nature. It was, therefore, error to charge that there must be an affirmative finding of notice on the part of the defendant before the plaintiff could recover. (Ruddy v. Putnam...
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