Walter v. Niagara Mohawk Power Corp.

Order reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff sustained severe injuries as the result of his headfirst dive from a bridge into the Salmon River. Defendant, Niagara Mohawk Power Corporation (Niagara Mohawk), controlled the water level of the river through a series of dams. Plaintiff alleged that Niagara Mohawk was negligent in failing to warn of the danger in diving from the bridge and in artificially regulating the water level so that it varied by substantial amounts over short periods of time.

Supreme Court erred in granting defendant’s…