It was error to charge as a matter of law that the defendant herein had the duty to inspect the premises. Upon the proof adduced, there was no duty imposed upon the owner to make inspections since there was nothing calculated to arouse her suspicions (see 2A Warren, Negligence, p. 382, § 7).
The judgment should be unanimously reversed upon the law and new trial granted, with costs to defendant to abide the event.
Concur — Pette, Hart and Brown, JJ.judgment reversed, etc.