Saroodis v. Liberty Motor Freight Lines, Inc.

— Judgment affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for denial of the motion in the following memorandum: The complaint charges that the defendants wrongfully and forcibly entered upon the plaintiff’s premises with a tractor and trailer motor vehicle “and then and there broke down and destroyed, by the force of the collision and by fire incident thereto, plaintiff’s said building and the contents” to the plaintiff’s damage in the amount of $55,000. Before answering, the defendants moved to dismiss the complaint on the grounds that there is…