McNally v. Oakwood

Clark, J. (dissenting):

I am unable to concur in the reversal of the order appealed from.

Plaintiff sustained injuries as the result of faffing into a cellar stairway in the back room used as a workroom and office in connection With a greenhouse which defendant maintained at its cemetery in the city of Syracuse.

This office or workroom is in the rear of the main greenhouse and it is used, among other things, for wrapping up plants that had been purchased by customers in the greenhouse proper.

This rear room is eighteen feet long and seventeen feet wide. On the north side there is a window, and…