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PAUL v. STATEN IS. EDISON CORP.

2 A.D.2d 311 (1956)

Frieda Paul, as Administratrix of The Estate of Carl Paul, Deceased, Appellant, v. Staten Island Edison Corporation et al., Respondents-Appellants. Staten Island Edison Corporation, Third-Party Plaintiff-Appellant, v. Utility Lines Construction Co., Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 18, 1956.

Attorney(s) appearing for the Case

Benjamin H. Siff for appellant.

William F. McNulty for Staten Island Edison Corporation, respondent-appellant and third-party plaintiff-appellant.

William J. Hegarty, Ralph W. Brown and Jordan R. Bassett for New York Telephone Company, respondent-appellant.

Joseph Fennelly, William S. O'Connor and Gregory A. Lee for third-party defendant-respondent.

NOLAN, P. J., and KLEINFELD, J., concur with BELDOCK, J.; WENZEL and MURPHY, JJ., dissent and vote to affirm, in memorandum.

BELDOCK, J.

This is an action to recover damages for the alleged wrongful death of plaintiff's intestate and for his conscious pain and suffering. The intestate, a lineman employed by Utility Lines Construction Co., Inc., was a member of a crew engaged in the removal of electric wires from an old defective wooden pole and the transfer of these wires to a new pole. While thus engaged upon the old pole the intestate...

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