Opinion
Argued October 14, 1918
Decided October 29, 1918
Percy D. Trafford and Peter B. Olney, Jr., for appellant.
Bertrand L. Pettigrew, Henry A. Uterhart and Charles T. McCarthy for respondent.
We think that McGregor, the superintendent of the estate, must be deemed the alter ego of the defendant, and that for his negligence in failing to correct the dangerous condition after notice of its existence, the defendant is responsible ( Henry v. Hudson M.R.R. Co., 201 N.Y. 140; Connolly v. Hall Grant Const. Co., 192 N.Y. 182, 187).
The judgment should be affirmed with costs.
HISCOCK, Ch. J., CHASE, HOGAN, CARDOZO, POUND, McLAUGHLIN and ANDREWS, JJ., concur.
Judgment affirmed.