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Johnston v. Syracuse Lighting Co.

122 A.D. 895 Court N.Y. App. Div. English

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Majority

p. 895
Camille B. Johnston, as Administratrix, etc., of William G. Johnston, Deceased, Respondent, v. Syracuse Lighting Company, Appellant.

Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that the evidence shows that it was the duty of the deceased to make such an inspection as the court charged would make the deceased guilty of contributory negligence if he had made such inspection and failed to discover the defect.