Village of Seneca Falls v. State

The claim is for damages alleged to have 1»......- suffered by the claimant by reason of the act, .IT ult and negligence of the state of New York, in the ¡construction, maintenance and operation of the improved Cayuga and Seneca canal at Seneca Falls, whereby a large volume of water in a pool created by the state was precipitated in and upon the claimant’s sewer system and sewage disposal plant at Seneca Falls greatly damaging the same.

The argument on the part of the state was based \ upon the decision of this court in the case of Town of *36New Lebanon v. State of New York, 111 Misc. Rep. 310,…