E. B. Metal & Rubber Industries, Inc. v. County of Washington

Appeals from a judgment of the Supreme Court in favor of defendant Town of Whitehall, entered March 19, 1986 in Washington County, upon a decision of the court at Trial Term (Visear di, J.), without a jury.

On March 14, 1977, an earthen dike along the Champlain Barge Canal was breached causing water to flood the premises of E. B. Metal & Rubber Industries, Inc., and causing extensive damage. Personal property of Rochester Germicide Company, located on E. B. Metal’s land, was also damaged. The property of E. B. Metal is located in the Town of Whitehall, Washington County, and is situated on an…