Roby v. City of Watertown

The Niagara Mohawk Power Corporation and the New York Telephone Company, third-party defendants, have moved by separate motions, which were argued together, to dismiss the third-party complaint as to each of said third-party defendants.

The plaintiff instituted its action against the City of Watertown alone. The allegation of negligence contained in the complaint is found in paragraph ‘ ‘ 8 ’’which reads as follows: ‘6 8. The negligence of defendant, its agents, servants or employees, among other things, consisted in negligently constructing the said street, sewers or storm sewers, gutters,…