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CARPENTER v. WATKINS SALT CO.

64 A.D.2d 330 (1978)

Jeraldine Carpenter, Individually and as Administratrix of The Estate of Donald Carpenter, Deceased, Appellant, v. Watkins Salt Company, Respondent

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

November 16, 1978

Attorney(s) appearing for the Case

Wiggins, Tsapis, Holmberg & Galbraith (Dirk A. Galbraith of counsel), for appellant.

Thaler & Thaler (Manley H. Thaler of counsel), for respondent.

MAHONEY, P. J., GREENBLOTT, LARKIN and MIKOLL, JJ., concur.

HERLIHY, J.

Plaintiff's intestate, Donald Carpenter, was killed on August 13, 1976 when, in the course of his employment, salt, timber and other debris in a mine shaft fell on him. The mine was owned by the defendant and leased to Cargill, Inc., Carpenter's employer. Plaintiff commenced this action for wrongful death, personal injury and loss of consortium. She alleged that the defendant, as owner of the mine...

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