Christian v. Ramapo Auto Sales Co.

Appellate Division of the Supreme Court of New York

Christian v. Ramapo Auto Sales Co.

245 A.D. 724

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1935·Published

Opinion

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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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.

Christian v. Ramapo Auto Sales Co., 245 A.D. 724 (N.Y. Ct. App. 1935).

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