AMER. LBR. CO. v. EMPLOYERS MUT. INS. CO.


1 Misc.2d 1010 (1956)

American Lumber Company, Inc., Appellant, v. Employers Mutual Fire Insurance Company, Respondent.

Supreme Court, Appellate Term, First Department.

March 22, 1956.


Attorney(s) appearing for the Case

Abraham M. Stanger for appellant.

Edward J. Hale for respondent.

HOFSTADTER, HECHT and AURELIO, JJ., concur.


Per Curiam.

If, as plaintiff claims, the damage involved did not stem primarily from a collision (with a puddle of water) in the first instance, but was caused by the action of water upon the vehicle, and the collision was a proximate cause flowing from such action, plaintiff is entitled to recover (Tonkin v. California Ins. Co., 294 N.Y. 326). If, on the other hand, as defendant contends, the loss was caused...

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