WARYCH v. CITY OF SCHENECTADY


278 A.D. 39 (1951)

John Z. Warych et al., Respondents, v. City of Schenectady, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 14, 1951.


Attorney(s) appearing for the Case

Harold E. Blodgett for appellant.

Alexander Grasso for respondents.

FOSTER, P. J., HEFFERNAN and BERGAN, JJ., concur;


Per Curiam.

In constructing a storm sewer in 1941 in a street on a sharp grade, the City of Schenectady used a forty-two-ton caterpillar-tread crane. After the sewer pipe was laid, the excavation was filled in with sand and run of the bank gravel. When the work for the week concluded on Friday, August 29th, the crane was left by the city employees on top of the fill. Under the crane, and supporting it in this position...

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