Opinion
January 17, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Claimants appeal from a judgment of the Court of Claims which dismissed their claim after a trial. The claim was for flood damage to claimants' property on October 15, 1955, and based upon the theory that the Thruway bridge across Roundout Creek was improperly constructed and formed an obstruction to the natural flow. The Thruway bridge was constructed across Roundout Creek on three piers with embankments or berms at the north and south banks. Claimants assert that the northern embankment or abutment was the cause of the flooding of their property which borders on Roundout Creek. They do not claim that the piers in the creek bed itself formed an improper obstruction. The Court of Claims has found, however, that the flooding was caused by unprecedented rainfall on October 15 and 16, 1955, and was not due to the construction of the bridge. The court found, upon adequate evidence, that damage to property in Ulster County, where claimants' property is located, amounted to over eight million dollars as a result of that heavy rainfall, and that 26 Ulster County bridges were washed out or severely damaged, and two State bridges were lost. The record is replete with evidence of the disastrous results in all of the surrounding territory caused by this unusual flood and extremely heavy rainfall. The trial court was not bound to accept the opinion evidence of claimants' expert as to the cause of the flooding of their property. There was a conflict of expert testimony on the question. At best it is a question of fact, and there is ample evidence in the record to support the findings of the Court of Claims. Judgment unanimously affirmed, without costs.