Legal Opinion

Guarino v. Mine Safety Appliance Co.

New York Court of Appeals

Decided December 4, 1969PublishedCited by 26 opinions

1Opinion of the CourtJasen, J.

These consolidated actions arose out of an accident wherein three men died and five others were injured.

On October 2,1957, one John J. Rooney, an engineer employed by the Bureau of Sewage Disposal of the City of New York, died of gas asphyxiation after descending into an interceptor sewer located 30 or 40 feet below the ground in the Borough of Queens to ascertain the source of water in the bulkhead. At the time of the accident, he was wearing an oxygen-type protective mask manufactured by the defendant herein. The estate of John J. Rooney recovered a judgment against the defendant on a…

2Cases cited4 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
  3. Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
  4. Talbert v. TalbertNew York Supreme Court · 1960

3Cited by26 opinions

  1. Putnam v. StoutNew York Court of Appeals · 1976
  2. Halyalkar v. Board of RegentsNew York Court of Appeals · 1988
  3. Hall v. StateIndiana Supreme Court · 1976
  4. In Re Marine Sulphur Transport Corp.District Court, S.D. New York · 1970
  5. Hassanein v. Avianca AirlinesDistrict Court, E.D. New York · 1995

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