Blaber v. United States

SWAN, Circuit Judge.

These are consolidated appeals by four plaintiffs whose complaints were dismissed on the merits in consolidated cases tried by Judge Bruchhausen without a jury.

The actions were brought under the Federal Tort Claims Act, 28 U.S.C. § 2674, to recover damages for the death of one employee (Oliver Blaber) and for personal injuries sustained by three other employees (Hasapis, Azzarello and Szelwach) of Sylvania Corning Nuclear Corporation, Inc., in an explosion which occurred at Sylvania’s laboratory in Bay-side, Queens, on July 2, 1956. Only the issue of liability was tried by…