
    J. Carl Schmuck, Appellant, v. The City of New York and John R. Higgins, Superintendent of Sewers, Respondents.
   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.  