Olga Alexander v. Stephen Cavagnaro

Action against appellant, a contractor, and defendant, a landowner, to recover damages for personal injuries sustained when,
in the darkness, respondent fell into an excavation made by appellant at the rear of defendant's store, where building alterations
were in progress. The appeal is from a judgment entered on a jury verdict in favor of respondent against appellant. Judgment
reversed on the law, with costs, and complaint dismissed. The implicit finding that respondent fell into the hole is affirmed.
Respondent, having finished shopping in a supermarket adjoining defendant's store, left through the rear door of the supermarket
and walked onto a parking lot. From there she proceeded across defendant's adjoining lot and fell into the excavation. The
evidence fails to establish that the excavation was abutting, adjacent, and contiguous to a passage used by the general public.
There is no evidence that the use of any well-defined path by respondent was causally connected with her injuries. The evidence
establishes that respondent proceeded in the darkness without proper regard for her own safety. Beldock, J., dissents and votes to affirm, with the following memorandum: