Opinion
Argued November 29, 1927
Decided December 13, 1927
Appeal from the Supreme Court, Appellate Division, Second Department.
Everett W. Bovard and Norman G. Hewitt for appellant.
Van M. Logan for respondent.
Judgment of Appellate Division and that of Trial Term in each case reversed and complaint dismissed, with costs in all courts, on the ground that the plaintiff was a trespasser, and section 192 of the Building Code was adopted for the protection of travelers on the highway.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.