Bowman v. Town of Chenango
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nancy H. Bowman, from a final judgment of the Supreme Court, entered in the office of the clerk of the county of Broome on the 18th day of February, 1918, upon a decision of the court rendered after a trial at the Broome Special Term sustaining the demurrer interposed by the defendant to the complaint and dismissing said complaint.
1Dissent
John M. Kellogg, P. J. (dissenting):
The complaint shows that a dry creek, flowing in times of freshet, passed through a culvert under the surface of the highway. The culvert had sufficient capacity to take care of the water and prevent any injury to the plaintiff. We must infer that the watercourse was there before the highway, and it was the duty of the town to carry its highway over the creek in such a way that it would not dam up the creek and cause it to flood the adjoining property owners. It is alleged that the town negligently replaced the wooden culvert with a steel culvert of smaller…
2Cases cited1 opinion
- Dye v. Town of Cherry CreekNew York Supreme Court · 1914