Fauci v. Milano

The complaint and bill of particulars allege that the infant plaintiff was injured while playing with defendants’ child, at the invitation of defendants, in and about an excavation and a partially constructed patio wall on defendants’ premises, “ although the defendants knew said condition to be dang'erous to a child of tender years”; that the defendants were negligent in failing to guard the “ excavation ” or to “ warn [said] plaintiff away from said excavation,” although they saw “plaintiff and others playing, running and climbing about same”; that defendants “had been told by plaintiff’s…