Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The testimony is to the effect that the flooding in plaintiff's cellar commenced on May 17, 1946 — stopped temporarily on May 20th or 21st — commenced again a few days later and flowed more or less for a period of two or three additional weeks when it was finally terminated. In the meantime at some unspecified date the water...
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