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MORRISSEY v. CONSERVATIVE GAS CORP.

285 A.D. 825 (1955)

Anne R. Morrissey, as Administratrix of The Estate of Francis W. Morrissey, Deceased, Appellant, v. Conservative Gas Corporation et al., Defendants, and Esso Standard Oil Company, Respondent Anne R. Morrissey, Appellant, v. Conservative Gas Corporation et al., Defendants, and Esso Standard Oil Company, Respondent

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

January 17, 1955.

Judgments affirmed, with costs.

There is no proof that it was the gas of the respondent Esso Standard Oil Company which was sold to appellants on the occasion which resulted in the explosion.

Schmidt and Beldock, JJ., dissent and vote to reverse the judgment in each action insofar as it dismisses the complaints as against respondent Esso Standard Oil Company, and to grant a new trial, with the following memorandum:

It is claimed that Esso negligently...

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