Manning v. Town of Lewiston

—Order and judgment unanimously modified on the law and as modified affirmed wdthout costs in accordance with the following Memorandum: Plaintiff was injured while working on the roof of a water holding tank *1036approximately 35 feet above the ground. The roof was flat for the first three feet from the edge and then sloped upward about 10 more feet. A railing around the edge of the tank had been removed a few weeks before and no other safety devices were present. Plaintiff tripped on a discarded piece of scaffolding and fell onto the flat part of the roof, landing on the pipe scaffolding he was…