Coe v. City of New York

As a bus was passing along Merrick road in the borough of Queens in the forenoon of a bright, clear day, the ground gave way under the right wheels and it fell into an excavation. ■ The plaintiff, a passenger, was injured. It has been determined that the driver of the bus was negligent, and there was no appeal by defendant Transit Relief Bus Association, Inc., the owner. The question here relates to the concurrent negligence of the contractor engaged in paving work for the city and of the city itself. The verdict was for these defendants.

In connection with the paving work involving a change…