Majority
p. 913Elginia D’Alisera, as Administratrix, etc., of Angelo D’Alisera, Deceased, Respondent, v. John J. Hearn Construction Company, Appellant.
We think the finding of the jury that the proximate cause of the accident was
p. 914
the existence of the small piece of board on the runway or platform was against the weight of evidence. Judgment and order reversed and new trial granted, costs’to abide the event. Jenks, P. J., Thomas, Carr and Putnam, JJ., concurred; Burr, J., not voting.