Modified, on the law and the facts, by (1) striking out the provisions (a) adjudging plaintiff to be entitled to recover damages for flooding of the boiler room and (b) directing an assessment of damages and (2) adding a provision that the complaint is dismissed, with costs. As so modified, judgment affirmed insofar as appealed from, with costs to appellant.
The theory of plaintiff's action was that flood waters had erupted from a manhole which was part of the defendant...
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