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HINCHEY v. SELLERS

7 N.Y.2d 287 (1959)

Robert E. Hinchey, as Administrator of The Estate of John Venturini, Deceased, Respondent, v. Orville E. Sellers et al., Appellants. Regis J. Petell et al., as Administrators of The Estate of Douglass P. Petell, Deceased, Respondents, v. Orville E. Sellers et al., Appellants.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Sidney B. Coulter for appellants.

Hilbert I. Greene for respondents.

Chief Judge CONWAY and Judges DESMOND, FULD, VAN VOORHIS and BURKE concur with Judge FROESSEL; Judge DYE dissents in an opinion.

FROESSEL, J.

Plaintiffs administrators brought two separate actions in the Supreme Court, Onondaga County, to recover damages for the wrongful deaths of their respective intestates, John Venturini and Douglass P. Petell. Petell and Venturini were passengers in an automobile driven by one Michael A. O'Rourke, a resident of New Hampshire, and were killed when the car went off the road near Sennett, New York, about...

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