Wynn v. Parisi

This ease was tried before me without a jury. All parties waived findings of fact and conclusions of law.

On January 8, 1959, the defendant Consolidated Edison Company had excavated a hole approximately five feet square on the east side of Lexington Avenue at 48th Street, extending from the center of 48th Street toward the south curb and extend*934ing into the easterly crosswalk of the intersection. South of the excavation was a heap of rubble consisting of earth and stone, which had been removed from the excavation. The only lane available for eastbound vehicular traffic was on the north side of…