Judgment reversed insofar as appealed from, on the law, and new trial granted, with costs to abide the event.
The appeal, as presented, involved no questions of fact. Plaintiff's boat sank at the end of the 1970 boating season because hot engine exhaust gases had burned a hole in a rubber exhaust hose below the water line, permitting sea water to enter the hull. However, plaintiff and the defendant insurer differed as to exactly what had allowed the hot gases to pass...
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