MILNE v. CHANDLER & HATLEE


23 A.D.2d 711 (1965)

Carol Milne, as Administratrix of The Estate of Allen V. Milne, Deceased, Plaintiff, v. Chandler and Hatlee, Defendant and Third-Party Plaintiff-Appellant. Rocco J. Repice, Third-Party Defendant-Respondent

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

March 12, 1965


HERLIHY, J.

The third-party plaintiff-appellant appeals from an order which dismissed its complaint on the merits for failing to state a cause of action. The defendant was engaged in digging a trench. The decedent, an employee of the third-party defendant-respondent, entered the trench, which had not been shored up, and was killed by a cave-in. A comprehensive statement of the facts is set forth in the decision of Special Term (45 Misc.2d 592). The only...

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