Rock v. Radice Electric Co.

Plaintiffs were walking in the street when a sign upon defendant’s building fell and injured them. Although in a colloquy when the case opened plaintiffs’ counsel stated that he desired to amend his complaint to add to the words charging negligence the words “ so as to constitute a nuisance,” he withdrew the request upon the court’s statement that he did not think that it was necessary. The case then proceeded as one upon negligence. Defendant proved without contradiction that he had ordered the sign to be installed and that the sign contractor called on a Saturday with the sign; that…