Wrublewsky v. Tidewater Building Co.

Judgment and order reversed and new trial granted, costs to abide the event. The evidence fails to establish how plaintiff’s intestate came to enter the bin in which he met his death. There is no evidence of any instructions from any one that he should do so, and the circumstantial evidence would indicate that it was unnecessary for him to do so in the ordinary discharge of his duties. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred.