Texas Co. v. City of New York

(after stating the facts as above). We agree with the District Court in concluding that any such contact as that testified to by Worth could hardly have caused the damage complained of. Those familiar with fenders of the kind referred to will at once appreciate that, if the maneuver was as described by Smith .and the contact as described by Worth, it would be indeed strange if the dent was made by the New Yorker as a result of the contact of the fenders “in a slanting way.” There was no testimony as to a direct impact nor any other collision of a kind likely to cause the damage. In view of…