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ASHDOWN v. KLUCKHOHN

90 Misc.2d 618 (1977)

John Ashdown, as Executor of Flora Ashdown, Deceased, Plaintiff, v. Karl Kluckhohn, as Executor of Marilyn Kluckhohn, Deceased, et al., Defendants. Karl Kluckhohn, as Executor of Marilyn Kluckhohn, Deceased, Plaintiff, v. Robert H. Swan et al., Defendants.

Supreme Court, Erie County.

May 12, 1977

Attorney(s) appearing for the Case

Leo J. Fallon for John Ashdown, as executor of Flora Ashdown, deceased, plaintiff. Norman B. Lewis for Karl Kluckhohn, as executor of Marilyn Kluckhohn, deceased, plaintiff. Irving Fudeman for Karl Kluckhohn, as executor of Marilyn Kluckhohn, deceased, defendant. John W. Cegielski for Robert H. Swan and another, defendants.

JAMES B. KANE, J.

During the course of its deliberations in these wrongful death actions, the jury requested further instruction upon a voting question. It appeared that the jury had decided, or was about to decide, in favor of the plaintiffs on the issue of liability by a vote of 5-1. The jury wished to know whether or not the dissenting juror should be permitted to participate on the issue relating to damages...

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