Terranella v. Union Building & Construction Co.

The opinion of the court was delivered by

Wachenfeld, J.

Appellant’s eleven-year-old son was fatally injured while playing in a public playground in the City of Passaic. The City had entered into a contract with the respondent Union Building and Construction Co. for the installation of a storm sewer crossing the playground. About a week prior to the accident the construction company had placed on the playground fourteen concrete pipes each four feet long, five feet in diameter and weighing 5,180 pounds. The pipes were not tied or secured and no watchman was placed over them.

During the week…