MacKENDRICK v. NEWPORT NEWS SHIPBUILDING & DRY DOCK CO.


40 A.D.2d 798 (1972)

Virginia I. MacKendrick, as Executrix of Gene E. MacKendrick, Deceased, Appellant, v. Newport News Shipbuilding and Dry Dock Company, Respondent

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

November 21, 1972


We agree with the comprehensive and well-considered opinion of the trial court. The direction of the verdict was based upon findings that (1) there was a failure to prove that the accumulation of argon gas was caused by defendant's negligence and (2) the defendant did not owe any duty to decedent either pursuant to law or under the terms of the repair memorandum. With respect to the issue of negligence, the dissent concludes that facts were established from which it might...

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