Ordered that the order is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by him when, due to flooding of the roadway, he lost control of the automobile he was operating and struck a tree. The defendant Froehlich Farm Corporation (hereinafter Froehlich) is the owner of the property abutting the roadway where the accident occurred. The plaintiff alleged that Froehlich constructed a berm on its property...
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