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McTIERNAN v. CITY OF LITTLE FALLS

284 A.D. 79 (1954)

Thomas P. McTiernan, Doing Business under the Name of "McTiernan Electric Company", Respondent, v. City of Little Falls, Appellant James Drake, Doing Business as Drake's Bakery, Respondent, v. City of Little Falls, Appellant Frances A. Trask et al., as Executors of James I. Trask, Deceased, Doing Business as Little Falls Wholesale Company, Respondents, v. City of Little Falls, Appellant Nathan, Smallen, Respondent, v. City of Little Falls, Appellant

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

May 5, 1954.

Attorney(s) appearing for the Case

John J. Zoller, City Attorney, for appellant.

James A. McTiernan for Thomas P. McTiernan, respondent.

George G. Fiesinger for James Drake and others, respondents.

Edwin L. Marion, Jr., for Nathan Smallen, respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

McCURN, P. J.

A water main which was part of the municipally owned water system in the City of Little Falls burst at about midnight on the evening of December 21, 1948, or shortly thereafter, causing considerable damage to the property of the respective plaintiffs. These actions were brought by the plaintiffs to recover their respective damages on the theory that the city had been negligent in the construction...

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