
    Wesley WAIT, plaintiff, v. POSTAL TELEGRAPH CABLE COMPANY and Central Hudson Gas & Electric Company, defendants.
    (Supreme Court, Appellate Division, Second Department.
    May 5, 1916.)
    Plaintiff’s exception to the dismissal of the complaint is sustained and a new trial granted, costs to abide the event, upon the ground that upon the evidence it was a question of fact for the jury whether or not the weak condition of poles Nos. 1, 2, and 3, due to defendant’s negligence in maintaining them, was a proximate cause of their fall.
   Jenks, P. J., and Stapleton, Mills, Rich, and Putnam, JJ., concur.  