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McLAUGHLIN v. MINE SAFETY APPLIANCES CO.

11 N.Y.2d 62 (1962)

Frances A. McLaughlin, an Infant, by Her Guardian ad Litem, Francis McLaughlin, et al., Respondents, v. Mine Safety Appliances Company, Appellant.

Court of Appeals of the State of New York.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Lillian E. Cuff for appellant.

Harry Wieser and Philip Kirschner for respondents.

Judges FULD, FROESSEL and BURKE concur with Judge FOSTER; Judge VAN VOORHIS dissents in an opinion in which Judge DYE concurs; Chief Judge DESMOND taking no part.

FOSTER, J.

Frances Ann McLaughlin, an infant six years of age, was visiting her uncle and aunt in West Deering, New Hampshire, during the Summer of 1952. While bathing in Whittemore Lake, she almost drowned and was carried from the lake in an unconscious condition. The local lifeguard administered first aid, and the Bennington Volunteer Fire Department was summoned. A fire department truck arrived shortly thereafter...

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