Annutto v. Town of Herkimer

The defendant village dynamited congested ice in West Canada Creek, a natural boundary which flows between defendant village and defendant town. The blast caused the ice to flow down the creek a short way, become impacted against bridge abutments, and back up the creek waters over a high retaining wall onto plaintiffs ’ lands. Defendants say there are no factual questions to be tried and that as a matter of law, they are not liable to plaintiffs for the damage.

The village moves for summary judgment, dismissal of the complaint for failure to state a cause of action and in the alternative,…