Elbert v. City of Saginaw

{dissenting). Plaintiff’s ward,, his son, while 2 years and 8 months of age, fell into a water-filled street excavation 4 feet deep, 4 feet wide, and 16 feet long, sustaining personal injuries. Defendant Fattore Company had made and maintained the excavation under a contract with defendant city to lay water mains. Suit is for damages resulting from the injuries. The jury returned a verdict of no cause for action. From an order denying plaintiff’s motion for new trial he appeals.

The excavation was near an intersection in the street and 12 feet from the nearest point in the sidewalk. It was…