RANDLE v. CITY OF ROME


23 Misc.2d 436 (1960)

Mary Randle, Plaintiff, v. City of Rome, Defendant.

County Court, Oneida County.

January 18, 1960.


Attorney(s) appearing for the Case

Joseph Serino, Corporation Counsel (David K. Pendleton of counsel), for defendant.

Francis P. Valone for plaintiff.


JOHN J. WALSH, J.

The complaint herein alleges that the defendant municipality operates, controls and manages the "drainage of surface waters from Lorena Road" in that city; that on January 21, 1959, the surface waters collected on Lorena Road, backed up plaintiff's driveway and into her residence "by reason of inadequate and improper drain maintenance"; and that the resulting damages "were caused solely by the negligence of defendant, its servants, employees...

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