Sgarlata v. City of Schenectady

This trial arose from flood conditions which occurred on the morning of August 28, 1971. The plaintiffs allege they incurred damages through the negligence of the City of Schenectady. By stipulation of counsel, only the question of liability was at issue in this trial.

I. FINDINGS OF FACT

During the night of August '27 to 28, a steady rain had fallen in the City of Schenectady. At about 9 :00 a.m, on the 28th, water flowing from continued rainfall in the streets in the lower Broadway area and Broadway area of the city, began to rise slowly; shortly thereafter a manhole cover over a large drain,…