Iacurto v. Fuller Oil & Coal Corp.

On April 13, 1956 plaintiff was injured when a heavily laden coal truck owned by defendant Fuller Oil & Coal Corp. fell into a trench which was plaintiff’s work site. The trench ran along the roadway of East 70th Street between First Avenue and York Avenue closer to the southerly than the northerly side of the street and was about four feet wide and four and one-half to five and one-half feet deep.

It was dug by plaintiff’s employer the Slattery Contracting Co. in order to lay a 16-inch steam pipe main for defendant Consolidated Edison Company. The truck was backing up over a steel plate…