Gutin v. Frank Mascali & Sons

On March 23, 1954 plaintiff, a man about 54 years of age, was driving his automobile in a northerly direction along the East River Drive. His wife was seated alongside of him in the front of the car. It was a dry day, and the left-hand driver’s window of the automobile was open. After he had passed 95th Street and was approaching 96th Street, a shower of pieces of concrete came into his automobile through the open window, one of them striking him in the left eye. By the time he realized that he was hit, his car had gone past the 96th Street intersection, and when he realized that blood was…