D'Onofrio v. City of New York

The complaint alleges that plaintiff wife, while a passenger in a car operated by her husband, was injured when the car mounted an unguarded pile of earth and rubble on a public highway and plunged into an excavation. All of the individual defendants are charged indiscriminately with acts of commission and omission in creating the mound and excavation and in permitting them to remain upon the highway. The wife sues for damages for personal injuries, and her husband for loss of services and medical expenses.

Defendant Strauss, allegedly a co-lessee of property under construction which adjoined…