Durham v. Metropolitan Electric Protective Ass'n.

On remission to this court upon reversal by the Court of Appeals of order dismissing the complaint in action for personal injuries sustained by plaintiff, a window cleaner (18 N Y 2d 433), the judgment in favor of plaintiff against Metropolitan Electric Protective Association unanimously reversed, upon the law and the facts and in the interests of justice, and new trial ordered, with $50 costs and disbursements on this remission to defendant to abide the event. The trial court submitted the case to the jury on two theories of negligence, namely (1) that the defendant could be found negligent…