Winchell v. Town of Camillus — 190 N.Y. 536

Majority

p. 536

David Winchell, Appellant, v. Town of Camillus, Respondent.

Headnote

Winchell v. Town of Camillus, 109 App. Div. 341 , affirmed.

(Argued November 22, 1907;

decided December 10, 1907.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered

p. 537

November 15, 1905, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial, and granted a new trial in an action to recover for the alleged negligence of the defendant’s highway commissioner in allowing a sluiceway to become clogged, whereby surface water flowed on to plaintiff’s land.

James JR. Shea for appellant.

Ernest I. EdgeomJb for respondent.

Order affirmed, and judgment absolute ordered against, appellant on the stipulation, with costs in all courts: no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Yann, Werner, Willard Bartlett and Chase, JJ.

Cases cited

Winchell v. Town of Camillus 109 App. Div. 341 N.Y. App. Div. 1905-11-15 p. 536