ELLINGSWORTH v. CITY OF WATERTOWN


7 Misc.2d 402 (1956)

George A. Ellingsworth, Plaintiff, v. City of Watertown, Defendant.

Supreme Court, Special Term, Jefferson County.

July 24, 1956.


Attorney(s) appearing for the Case

Kenneth W. Brett, Corporation Counsel, for defendant.

Quimby, Gosier & Lengyel for plaintiff.


HENRY A. HUDSON, J.

This is a motion pursuant to rule 106 of the Rules of Civil Practice to dismiss the complaint upon the ground that it fails to allege facts sufficient to constitute a cause of action.

The action was brought to recover for injuries which the plaintiff alleges were sustained when he was caused to fall over an obstruction (an iron pipe commonly known as a shut-off water pipe) located...

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