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Colonial Sand Stone v. Tracy Towing Line

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1962
16 A.D.2d 645 (N.Y. App. Div. 1962)

Opinion

April 26, 1962


Order, entered on February 14, 1961, denying plaintiff's motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to plaintiff-appellant, and the motion granted, with $10 costs. The action is for the recovery of property damage. Plaintiff's deckscow Milestone Light was moored to a dock in the East River. The Milestone Light was struck by a scow in tow of defendants' southbound tugboat. The undisputed facts establish defendants' negligence as a matter of law. The captain of defendants' tugboat left the pilot house in charge of his deckhand and returned too late to prevent his tugboat and tow from passing too near the west shore and colliding with the Milestone Light. The opposing affidavit fails to controvert the facts establishing negligence. In our opinion the prima facie proof is so convincing that the inference of negligence arising therefrom in the absence of other evidence is inescapable. ( Richard Equip. Corp. v. Manhattan Ind. Contr. Co., 9 A.D.2d 691. )

Concur — Rabin, J.P., McNally, Stevens, Eager and Steuer, JJ.


Summaries of

Colonial Sand Stone v. Tracy Towing Line

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1962
16 A.D.2d 645 (N.Y. App. Div. 1962)
Case details for

Colonial Sand Stone v. Tracy Towing Line

Case Details

Full title:COLONIAL SAND STONE CO., INC., Appellant, v. TRACY TOWING LINE, INC., et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 26, 1962

Citations

16 A.D.2d 645 (N.Y. App. Div. 1962)

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