Doundoulakis v. Town of Hempstead

Shapiro, J. (dissenting).

In refusing to submit the issue of defendants’ negligence to the jury because of his "determination as a matter of law that the plaintiffs had not made out a case sounding on [sic] negligence as to any of these defendants”, and in submitting the case to the jury on the theory that "each of the defendants was absolutely liable to the plaintiffs upon a finding by the jury that the bulkhead failures were proximately caused by water percolating or seeping into the plaintiffs’ properties as a result of the landfill operation”, the learned Trial Justice, in my opinion,…