Bellefeuille v. City & County Savings Bank

Memorandum. The order of the Appellate Division should be affirmed. Evidence of the condition of the radiator cover approximately six months prior to the accident was properly excluded. The issue presented to the jury was not whether the repairs to the radiator cover were negligently made; nor was the issue whether the radiator cover in its original condition would have been a better place on which to work than the radiator cover as modified. The question was whether the radiator cover, as it existed on the day of the accident, was a safe place to work. Evidence of the prior condition was not…