OTIS, Justice.
Plaintiff, an infant, seeks to recover damages for personal injuries sustained as a result of riding a tricycle into a trench excavated across a public street by the defendant contractor. This appeal is from an order denying a new trial after a directed verdict in favor of defendant.
On May 20, 1960, plaintiff, who was then 3½ years of age, rode a tricycle downgrade on the blacktop surface of First Avenue near his home in Little Falls,...
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