Trustees in Office New York Shipping Association-International Longshoremen's Ass'n (Ind) Welfare Fund v. S. T. Grand, Inc.

Jasen, J. (dissenting).

The respondent’s claim was based on the hypothesis that tanks of propane delivered by the appellant All-Boro Gas leaked, and that this leakage caused the explosions and fire which damaged respondents ’ building. A crucial part of the respondents’ case was a laboratory test performed on the valves of five tanks which were recovered from the building after this four-alarm fire. Two valves were from tanks which had exploded in the fire. The other three valves were from tanks which had been in the basement where the fire took place. One of the valves tested leaked when…