Gordon v. Engineering Construction Co.

Otis, Justice.

Plaintiff, an infant, seeks to recover damages for personal injuries sustained as a result of riding a tricycle into a trench excavated across a public street by the defendant contractor. This appeal is from an order denying a new trial after a directed verdict in favor of defendant.

On May 20, 1960, plaintiff, who was then 3Vz years of age, rode a tricycle downgrade on the blacktop surface of First Avenue near his home in Little Falls, struck an excavation which was from 18 inches to 2 feet wide and 3 to 5 inches in depth, fell from the trike, and struck his head on the pavement.