Appellate Division of the Supreme Court of New York, 1935

Christian v. Ramapo Auto Sales Co.

Christian v. Ramapo Auto Sales Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1935
245 A.D. 724
Christian v. Ramapo Auto Sales Co.

Opinion of the Court

Plaintiff’s automobile was damaged by fire while partly within defendant’s public garage. Appeal by defendant from a judgment in plaintiff’s favor. Judgment of the County Court of Rocldand county reversed on the law, -with costs, and the complaint dismissed, with costs, upon the ground that actionable negligence was not established. Lazansky, P. J., Carswell, Tompkins and, Johnston, JJ., concur; Young, J., dissents upon the ground that the spilling of the gasoline was a concurrent proximate cause of the fire.

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