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BRAUN v. CONSOL. EDISON

31 A.D.2d 165 (1968)

Lillian Braun, Individually and as Administratrix of The Estate of Edward Braun, Deceased, et al., Appellants, v. Consolidated Edison Company of New York, Inc., Respondent, et al., Defendants Bertha Landwer, Individually and as Administratrix of The Estate of Henry Landwer, Deceased, Appellant, v. Consolidated Edison Company of New York, Inc., Respondent, et al., Defendants

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

December 19, 1968.

Attorney(s) appearing for the Case

Herman Schmertz of counsel (Gair & Gair, attorneys for Lillian Braun and another; Augustin J. San Filippo, attorney for Bertha Landwer), for appellants.

Joseph D. Ahearn of counsel (John M. Keegan, attorney), for respondent.

STEVENS, J. P., and RABIN, J., concur with EAGER, J.; CAPOZZOLI, J., dissents in opinion.

EAGER, J.

These actions were brought to recover damages for the alleged wrongful deaths of three workmen occurring as the result of an explosion in the power plant of the defendant Consolidated Edison Company (Con Ed). The jury, following a trial of the actions, rendered a verdict in favor of said defendant, and the plaintiffs appeal from the judgments entered upon such verdict.

The decedents, at the...

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