Wade v. Village of Livonia

The plaintiff commenced his original action against the village of Livonia for negligence in leaving an open ditch unguarded on one of its streets during the construction of new sewers therein by independent contractors. After issue was joined, the defendant, Village of Livonia, upon due notice to plaintiff, obtained an order from the Special Term, bringing in as parties defendants in the action, Elam Sand and Gravel Corp. and James A. Gudgell, pursuant to subdivision 2 of section 193 of the Civil Practice Act. The impleaded defendants now seek to have the order joining them as parties…