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WRAGGE v. LIZZA ASPHALT CONSTR. CO.

17 N.Y.2d 313 (1966)

Katherine T. Wragge, as Administratrix of The Estate of Frederick J. Herholdt, Deceased, Appellant, v. Lizza Asphalt Construction Co., Inc., et al., Defendants, and Approved Sand & Gravel Corp. et al., Respondents. (Action No. 1.) Anthony Marmorale, as Administrator of The Estate of Susan Marmorale, Deceased, Appellant, v. Henry Wragge et al., Respondents, et al., Defendants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided May 5, 1966.

Attorney(s) appearing for the Case

Harold S. Meltzer for Katherine T. Wragge, appellant in action No. 1.

Sidney J. Loeb for Anthony Marmorale, appellant in action No. 2.

William L. Shumate for Approved Sand & Gravel Corp. and Fehr Sand & Gravel, Inc., respondents in both above-entitled actions.

Bernard Meyerson and Thomas V. Kingham for Henry Wragge, respondent in action No. 2.

Chief Judge DESMOND and Judges FULD, BURKE and BERGAN concur with Judge KEATING; Judges VAN VOORHIS and SCILEPPI dissent in part and vote to affirm.

KEATING, J.

These two wrongful death actions, heard together, arise from an automobile accident on Route 106 in Oyster Bay in which plaintiffs' respective intestates were killed. At about 9:30 P.M. on January 19, 1960, Frederick J. Herholdt (18 years old) was driving a 1949 automobile in a southerly direction and was accompanied by Susan Marmorale (16 years old). While negotiating a curve to the left, the auto...

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