GUARINO v. MINE SAFETY APPLIANCE CO.


25 N.Y.2d 460 (1969)

Mary Guarino, Individually and as Administratrix of The Estate of Stephen P. Guarino, Deceased, et al., Respondents, v. Mine Safety Appliance Company, Appellant.

Court of Appeals of the State of New York.

Decided December 4, 1969.


Attorney(s) appearing for the Case

William F. McNulty and Daniel J. Coughlin for appellant.

Aaron J. Broder, Domenic La Rosa and Sidney K. Margolis for respondents.

Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON concur with Judge JASEN; Judge SCILEPPI concurs in result only in an opinion in which Judge BURKE concurs.


JASEN, J.

These consolidated actions arose out of an accident wherein three men died and five others were injured.

On October 2, 1957, one John J. Rooney, an engineer employed by the Bureau of Sewage Disposal of the City of New York, died of gas asphyxiation after descending into an interceptor sewer located 30 or 40 feet below the ground in the Borough of Queens to ascertain the source of water in the...

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