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Christian v. Ramapo Auto Sales Co.

245 A.D. 724 Court N.Y. App. Div. English

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p. 724
Harry Christian, Respondent, v. Ramapo Auto Sales Co., Inc., Appellant.

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.