STARRETT BROS. & EKEN, INC. v. CITY OF NEW YORK


55 A.D.2d 889 (1977)

Starrett Brothers and Eken, Inc., et al., Appellants, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 27, 1977


In this negligence action to recover damages allegedly caused by an overflow of sewage water due to defendant city's negligent construction or maintenance of the sewer, the jury returned a verdict for defendant on the issue of liability. Other water besides the sewage had flowed onto plaintiffs' construction site. The Trial Justice did not charge the jury with respect to concurrent causation. Instead he charged the jury that if the jury found "that the damages sustained by...

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