Majority
p. 865Fourth Department, March, 1931. In the Matter of the Application of Walter L. Heughes and Another, Appellants, for an Alternative Order of Mandamus against Edwin C. Roworth and Others, as Sewer Commissioners of Sewer District No. 1 of the Town of Pittsford, New York, Respondents.
Assuming without deciding that the commissioners are hable to property owners for their tortious acts, the claim was defective in failing to state such an act and, therefore, set forth no basis for liability to the petitioners or either of them. All concur. Present — Sears, P. J., Crouch, Edgcomb, Thompson and Crosby, JJ. Order affirmed, with costs.