Rupp v. New York City Transit Authority

The infant plaintiff was injured while riding in a bus that was caused to lurch when the street suddenly collapsed under the bus, creating a hole about four feet wide and two or three feet deep. In the vicinity of the accident a storm sewer was being constructed by Maream as general contractor for the city. The collapse occurred in a portion of the street which Maream had excavated and in which it had laid sewer *801pipe. Marcam back filled the excavation, which was repaved by its subcontractor at least two days before the accident. The City of New York is under a nondelegable duty to maintain…