RODEN v. BOND STORES, INC

Plaintiff was injured while stepping over the sill of a sidewalk shed erected for the protection of pedestrians during repair work on appellant's building. The evidence does not show with sufficient clarity to permit the jury to determine how plaintiff came to fall, without conjecture as to whether it was due to the negligence of the appellant. No actionable negligence was established. ( Kennedy v. Taaffee, 290 N.Y. 832; Hofstein v. Bronx Water Works, Inc., 265 App. Div. 493.) Judgment reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.