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SCHUMACHER v. SHEAR CO.

59 N.Y.2d 239 (1983)

Otto F. Schumacher et al., Appellants, v. Richards Shear Company, Inc., Appellant, and Logemann Brothers Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1983.

Attorney(s) appearing for the Case

James L. Chivers and James S. Gleason for Otto F. Schumacher and another, appellants.

James C. Gocker for Richards Shear Company, Inc., appellant.

Thomas J. Hickey for respondent.

Chief Judge COOKE and Judges WACHTLER and MEYER concur with Judge SIMONS; Judges JASEN and JONES dissent and vote to affirm in separate dissenting opinions.

SIMONS, J.

Plaintiff Otto F. Schumacher was blinded in one eye when he was struck by a scrap of flying metal ejected by a model 300-ton shearing machine he was operating at work. He and his wife sue defendant Richards Shear Company, Inc., who manufactured and sold the machine to his employer, and defendant Logemann Brothers Company, Inc., who subsequently purchased substantially all of Richards' assets. They...

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