Mayer v. New York Canners, Inc.

Judgment and order reversed on the law and a new trial granted, with costs to appellant to abide event, on the ground that the submission of defendant’s negligence to the jury on the theory that a defect in the lamp was the proximate cause of the fire was error; the case was not tried on that theory and the record is barren of evidence on the subject. All concur. Present—Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.