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J. Carl Schmuck v. The City of New York and John R. Higgins, Superintendent of Sewers
Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Even in view of Seaman v. City of New York (176 App. Div. 608; affd., 227 N. Y. 572), there were facts in this case which made out a cause of action for some relief, either equitable or legal, and there should be a new trial. Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ., concur.