Appellate Division of the Supreme Court of New York, 1936

Hershey Beverage Corp. v. City of Schenectady

Hershey Beverage Corp. v. City of Schenectady
Appellate Division of the Supreme Court of New York · Decided November 11, 1936
249 A.D. 668; 291 N.Y.S. 256; 1936 N.Y. App. Div. LEXIS 5458
Hershey Beverage Corp. v. City of Schenectady

Opinion of the Court

The plaintiff brought a negligence action against the defendant city for damages due to the flooding of its premises. It is alleged that the city failed to install and maintain “ Sewers of size sufficient to drain said rainfall with*669out flooding the street,” and by improperly installing a sewer drain in the street; that plaintiff’s premises were flooded on two separate dates, during and after rain storms. The answer is a general denial. The jury could have found from the evidence that plaintiff’s cellar was damp at all times; that its premises were at a low level in that section of the city; that the sewers were adequate for ordinary needs; that the sewers were in good condition; that on the days in question the rainfall was of extraordinary quantity; that the plaintiff’s own outlets to the sewers were not properly maintained. The jury returned a verdict of no cause of action. Judgment, and order denying motion to set aside verdict and for a new trial, unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ.

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