Sutphen v. V. J. Hedden & Sons

The opinion of the court was delivered by

Hendrickson, J.

The plaintiff below was injured, as he alleges, by the fall of a fence, induced by a high wind and by bis precipitation thereby into an excavation. The accident occurred, on November 9th, 1900, while plaintiff was walking in a southerly direction along the Halsey street front of the lot being built upon at the northwest corner of Halsey and Bank streets in the city of Newark. The excavation'in question was being made for the foundations of a new building, and it invaded the street so that the fence in question stood three or four feet…