Stapleton v. Church of Pilgrims

-—• Upon the appeal of defendant The Church of the Pilgrims in the City of Brooklyn judgment is reversed on the law, with costs, the action is severed and judgment directed dismissing the complaint as to it, with costs. The evidence is insufficient to support a finding that the construction and maintenance of the church property was such that it caused an artificial discharge or accumulation of water upon the sidewalk which, upon freezing, constituted a nuisance. Furthermore, the evidence fails to show that the ice upon the sidewalk which caused plaintiff’s fall was formed from water…