Cann v. Mann Construction Co.

Herrmann, J.:

This is an administrator’s action for the wrongful death of Stephen Robert Gula, age 7 years.

Count 1 of the complaint alleges, in substance, that the defendant was constructing apartment houses on a tract of land near a residential area; that the walls were erected and rough flooring was in place but the structures lacked stairways, doors and windows and were otherwise incomplete; that water had accumulated in the basements of some of the buildings and the ■ defendant knew it; that children of the neighborhood were in the habit of playing in and about the partially completed…