Mitzko v. Pennsylvania Railroad

— The parties having stipulated in writing that this case may be decided by a court of four justices, the decision is as follows: Judgment reversed upon the law, and new trial granted, costs to abide the event. In our opinion, there was sufficient evidence to warrant a finding by the jury that the box, the falling of which caused plaintiff’s injury, was improperly and negligently placed by one of defendant’s employees. Young, Rich, Kapper and Lazansky, JJ., concur.