Judgment so far as appealed from unanimously affirmed, with costs to the plaintiffs-respondents.
The third-party defendant's contention that the tide which caused the damages was unprecedented does not suffice to undermine the verdict and judgment. There had been previous lesser floods of the pier and an issue of fact was tendered whether the precautions, suggested by the previous floods, had been taken. Thus, a flooding of the pier of less than the unprecedented...
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