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ROBERT J. TOD, Respondent, v. INTERBOROUGH RAPID TRANSIT COMPANY, Appellant. Re

PER CURIAM.

Plaintiff failed to establish that the condition of the subway stairway caused by the lying of the wet paper thereon, upon which plaintiff slipped, was the result of the negligence of the defendant.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, BIJUR, LEVY and CRAIN, JJ.

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TOD v. INTERBOROUGH RAPID TRANSIT CO
(Jul 1, 1927)