27 A.D.2d 578 | N.Y. App. Div. | 1966
—Judgment of the Supreme Court, Nassau County, dated July 21, 1961, affirmed insofar as appealed from, with one bill of costs to respondent Colorado Fuel & Iron Co. against appellants Karran, Welded Tank & Construction Co., Inc., and C. W. Lauman & Co. jointly. No opinion. Brennan, Hill and Rabin, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum, in which Christ, Acting P. J., concurs: On or about August 20, 1952 defendant Colorado delivered certain tank heads to defendant Welded. The latter thereafter used two of the tank heads in the manufacture of two steel tanks, which it delivered in December, 1953 to plaintiff C. W. Lauman & Co. On February 24, 1954, while Lauman was installing the tanks as part of a water storage and distribution system for the owner of a real estate development, one of the tanks exploded, injuring one Karran and killing one Coker (both employees of Lauman). After trial in 1960, the jury found general verdicts (a) against Welded in the Coker wrongful death action and (b) against Welded and Colorado in the Karran actions for personal injuries and in the Lauman action for property damage. However, the jury also made special findings that, although