Judgment unanimously reversed on the law and facts and a new trial granted with costs to abide the event.
Memorandum:
Plaintiff appeals from judgments dismissing its complaint against both defendants in its action to recover for damage to its underground fuel line sustained on May 26, 1967 when an excavating machine operated by defendant Congel-Hazard struck and injured the line, requiring it to be replaced by new pipe. The trial court erroneously dismissed...
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