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MORGAN v. DONAHUE

19 Misc.2d 532 (1958)

C. A. Morgan et al., as Administrators of The Estate of Joseph H. Morgan, Deceased, Plaintiffs, v. George F. Donahue et al., Defendants.

Supreme Court, Oneida County.

December 29, 1958.

Attorney(s) appearing for the Case

Capecelatro & Capecelatro for movant.

Mackenzie, Smith, Lewis, Michell & Hughes for respondent.

WILLIAM E. McCLUSKY, J.

This is a motion to dismiss the third-party complaint herein for legal insufficiency.

On May 16, 1957, the deceased was employed by the third-party defendant engaged in the building of a runway for the United States Government near Rome, New York. A power crane was being used and it was the property of the third-party plaintiff. It came in contact with a power line of the Niagara Mohawk Power Corporation. Mr. Morgan was...

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