Passer v. Schimmel

The infant plaintiff, a niece of the defendant, was visiting at defendants’ home, a one-family house, in Paramus, New Jersey, and was injured by falling over a wooden stake embedded in the ground of the defendants ’ premises, near the garage door and protruding about eight inches above ground. This stake had been put into the ground by the defendant, Aaron Schimmel, about one or two months previously and used to hold a wooden form in place, in connection with some concrete work which had been completed some time prior to the accident. At the time of the accident the infant plaintiff was a…