Annutto v. Village of Herkimer

Order insofar as it grants partial summary judgment to plaintiffs unanimously reversed, and otherwise order affirmed, without costs. Memorandum: Special Term in granting plaintiffs partial summary judgment on the issue of defendant’s liability held the defendant village to be liable to the plaintiffs for damages caused by trespass resulting from blasting operations. The court’s ruling was based on its finding that the blasting of West Canada Creek by the defendant caused ice to be jammed against a bridge structure resulting in flood waters being precipitated on plaintiffs’ lands. Such facts…