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McCOMISH v. DeSOI

42 N.J. 274 (1964)

200 A.2d 116

LAVINA MAE McCOMISH, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ROBERT G. McCOMISH, DECEASED, PLAINTIFF-APPELLANT, v. HARRY L. DeSOI, ET AL., DEFENDANTS, AND BRENNAN COMPANY, INC., ETC., DEFENDANT-RESPONDENT, AND BELOIT IRON WORKS, ETC., DEFENDANT-RESPONDENT AND CROSS-APPELLANT. ROBERT R. TOMAN, PLAINTIFF-APPELLANT, v. HARRY L. DeSOI, ET AL., DEFENDANTS, AND BRENNAN COMPANY, INC., ETC., DEFENDANT-RESPONDENT, AND BELOIT IRON WORKS, ETC., DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided May 4, 1964.

Attorney(s) appearing for the Case

Mr. Morris M. Schnitzer argued the cause for plaintiffs-appellants, Lavina Mae McComish and Robert R. Toman (Mr. Waldron Kraemer, on the brief; Mr. Fred Freeman, attorney).

Mr. Robert J.C. McCoid argued the cause for defendant-respondent and cross-appellant, Beloit Iron Works (Messrs. Schneider, Lustbader & Morgan, attorneys).

Mr. Clifford W. Starrett argued the cause for defendant-respondent Brennan Company, Inc. (Messrs. Schenck, Smith & King, attorneys).

The opinion of the court was delivered by FRANCIS, J.

This is a negligence action arising out of an industrial accident which occurred June 22, 1958 on premises of the Whippany Paper Board Company (Whippany) at Whippany, New Jersey. The mishap resulted in the death of Robert McComish and personal injuries to Robert Toman. Both men were employees of Whippany.

Beloit Iron Works built a huge paper-making machine for Whippany...

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