Dwyer v. McLaughlin

The action is brought to recover damages for personal injuries received by the plaintiff, a boy six years of age, through the defendant’s negligence in so improperly maintaining the guard, consisting of a heavy plank placed on top of barrels in front of his excavation on One Hundred and Thirty-fourth street, that the plank fell upon the plaintiff, injuring him. The answer admits that at the time of the accident the defendant owned the premises and that prior to that time defendant caused to be commenced the work of making the excavation, and plaintiff is entitled to have the full benefit of…