Opinion
June 28, 1938.
Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.
Judgment affirmed, with costs.
The defendant having elected to construct a culvert to carry away the surface water which accumulated upon its lands was charged with the duty of keeping such culvert in repair and free from obstructions. ( Mitchell v. N.Y., L.E. W.R.R. Co., 36 Hun, 177; Branson v. N.Y.C. H.R.R.R. Co., 111 App. Div. 737.) (The judgment is for defendant in an action for property damage caused by flooding of farm land.)