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McDONALD v. SHELL OIL CO.

20 N.Y.2d 160 (1967)

Jean G. McDonald, as Administratrix of The Estate of Daniel McDonald, Deceased, Respondent, v. Shell Oil Company, Defendant; William J. Manion et al., Appellants, and Joyce Cridland Company, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1967.

Attorney(s) appearing for the Case

Salem G. Mansour and Benjamin N. Hewitt for Charles R. Smith, doing business as Smith Shell Service, appellant.

Paul H. Reid, Jr., and Joseph Conway for William J. Manion, appellant.

George M. Donohue and James Milne for Jean G. McDonald, respondent.

James W. Mallam for Joyce Cridland Company, respondent.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI and BERGAN concur with Judge KEATING; Judge BREITEL dissents, in part, and votes to affirm in an opinion in which Judge BURKE concurs.

KEATING, J.

Daniel McDonald was killed, while waiting for his car at a Shell Oil Service Station. The station was owned by the Shell Oil Company and leased to Smith Shell Service, operated by one Charles R. Smith. Smith had requested Shell Oil to install a hydraulic lift in one of its two bays. There was an existing lift device in the other service bay. Shell purchased the equipment from the manufacturer, Joyce...

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