Burke v. Frenkel

The evidence that the window cords were black, dark, dirty, old-looking ropes; that they were, after the accident, pulled apart in the hand; that during a period of two weeks before the accident the hall boy’s assistance was required to raise the upper sash; and that he had used an umbrella to keep .the upper sash in place while the catch was' being secured —raised a question of fact as to the negligence of the defendants, and the direction of a verdict in favor of the defendants was error. Judgment and order reversed, and new trial granted, costs to abide the event. See 89 N. Y. Supp. 621 , 97 App. Div. 19 .