
    Beekman G. Mitchell, Respondent, v. Marine Basin Company, Appellant.
    
      Negligence — wharfs and wharfage — ships and shipping — action to recover damages to vessel moored under contract of wharfage, arising from collapse of pier.
    
    
      Mitchell v. Marine Basin Co., 222 App. Div. 777, affirmed.
    (Argued May 8, 1928;
    decided May 29, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 9,1928, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was for the recovery of damages sustained by a yacht through being sunk while lying in the defendant-appellant’s marine basin at Gravesend Bay. The yacht was properly moored under a contract of wharfage which was then in effect between the owners of the yacht and the defendant. During a storm a section of a pier which served as a breakwater collapsed into the basin, throwing lumber and piling therein, a piece of which a few hours later struck the yacht breaking her hull below the water line.
    
      William F. Purdy for appellant.
    
      Carroll Single and Forrest E. Single for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Kellogg and O’Brien, JJ. Not sitting: Lehman, J.  