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ROYAL INSURANCE CO. v. MARINA INDUS., INC.

No. 91-P-1025.

34 Mass. App. Ct. 349 (1993)

611 N.E.2d 716

ROYAL INSURANCE COMPANY vs. MARINA INDUSTRIES, INC., & others.

Appeals Court of Massachusetts, Norfolk.

April 22, 1993.

Attorney(s) appearing for the Case

Robert J. Murphy, Jr., for the defendants.

Edmund R. Pitts for the plaintiff.

Present: DREBEN, SMITH, & GREENBERG, JJ.

DREBEN, J.

On August 28, 1988, Anthony Campisi docked his boat as a "transient" customer at the defendants' marina in Quincy. Two days later his boat was missing. After he recovered $35,000 as damages from his insurer for the loss of his boat, this subrogation action followed. The insurer is seeking damages for negligence and breach of contract claiming that the dockage arrangement was a bailment and that the failure of the bailee to return the bailed boat made out...

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