Garratt v. Trustees of Canandaigua — 40 N.Y. St. Rep. 944

Majority

p. 944

William Garratt, App’lt, v. The Trustees of the Village of Canandaigua, Resp’t.

(Supreme Court, General Term, Fifth Department,

Filed October 23, 1891.)

Headnote

Municipal corporations—Defective sewerage.

Where a municipal corporation has adopted in good faith a scheme for sewerage or other improvement and the work is done in accordance therewith, the corporation is not liable- for injuries caused by defects in such-scheme.

Appeal from judgment in favor of defendants.

H. M. Field, for app’lt; Edwin Hicks, for resp’t.

The trial court made the proper disposition of this, case.

The village officials entered upon a work having in view, as-its main object, the providing of a sewerage system for the village.

It was supposed and expected that it would also afford a means-of draining the appellant’s farming lands.

When completed and put into use, partially from an inherent, defect in the plans, it did not afford that relief to the appellant’s, lands that was expected.

There was an unusual and extraordinary rainfall after the completion of the work and up to the time of the commencement of the action, which probably contributed to the failure of the system accomplishing all that was expected.

The trial court found that it did not appear that there was any failure of the defendant to do the work as contemplated originally,, but that the scheme adopted was defective, and that it was adopted, in good faith.

In such a case it is well established that a municipal corporation, is not liable.

Judgment appealed from should be affirmed, with costs against, the appellant

Dwight, P. J., and Macomber, J., concur.