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BLOOD v. CITY OF NEW YORK

No. 32, Docket 24108.

237 F.2d 855 (1956)

Robert BLOOD, Plaintiff-Appellant, v. The CITY OF NEW YORK and S. A. Healy Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 25, 1956.

Attorney(s) appearing for the Case

MacIntyre, Burke & Downey, New York City (Thomas F. Cohalan, Luke A. Burke, New York City, and Sidney L. Krawitz, Milford, Pa., of counsel), for plaintiff-appellant.

Peter Campbell Brown, New York City (Vernon Murphy, Mt. Vernon, N. Y., Seymour B. Quel, New York City, and Francis T. Murray, Kingston, N. Y., of counsel), for defendant-appellee, City of New York.

John P. Smith, New York City (John Nielsen, New York City, of counsel), for defendant-appellee, S. A. Healy Co.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

Plaintiff is the owner of resort properties on the Delaware River about five miles downstream from the confluence of the Delaware and Neversink Rivers at Port Jervis, New York, and about forty-five miles below the Neversink Dam, constructed by defendant, S. A. Healy Company, for and under contract with defendant, the City of New York. Plaintiff's complaint alleged negligence, nuisance and trespass in that the construction of the dam had rendered the water...

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