FULKERSON v. MacDONALD


282 A.D. 1036 (1953)

Golda W. Fulkerson et al., Respondents, v. Philip G. MacDonald, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1953.


Judgment affirmed, with costs.

DORE, J. (dissenting).

The uncontested facts in this record as to how the injury and the claimed loss of the diamond happened, conclusively show in my opinion that the injury and the claimed loss of property were not reasonably foreseeable; and in the state of facts disclosed defendant is not liable on the theory of either negligence or nuisance.

Accordingly, I dissent and vote to reverse the judgment appealed...

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