Greetan v. Solomon

This action was brought by guests of certain tenants of an apartment against the owners of the apartment building for injuries sustained by the plaintiff wife as the result of falling into an excavation dug by defendants’ agent in the yard behind the building. The circumstances surrounding this accident are fully described in the trial court’s findings of fact, hereinafter quoted.

As originally filed, the complaint alleged acts of negligence on the part of defendants which were said to have caused the accident. The answer denied these allegations and affirmatively alleged acts of contributory…