
    Melissa Doel, as Administratrix of the Estate of Samuel Doel, Deceased, Appellant and Respondent, v. General Electric Company, Appellant, and Tonawanda Power Company, Respondent.
    
      Negligence — presence in electric transformer of “packing block” of wood — when manufacturer liable for death of workmen caused by short circuit upon switching on of electricity.
    
    
      Doel v. General Electric Co., 204 App. Div. 902, affirmed.
    (Argued May 10, 1923;
    decided July 13, 1923.)
    Appeal by plaintiff, by permission, from so much of a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1922, as unanimously affirmed a judgment in favor of defendant Tonawanda Power Company entered upon a dismissal of the complaint as to it by the court at a Trial Term.
    Appeal by defendant General Electric Company, by permission, from so much of said judgment as unanimously affirms a judgment against it and in favor of plaintiff entered upon a verdict. The action was to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendants. Intestate was employed by the Niagara Falls Power Company which was engaged in installing two large current transformers purchased from the General Electric Company, at one of its stations. On completion of the work defendant Tonawanda Power Company turned high currents of electricity into the transformers, a short circuit occurred, and intestate was killed. It was alleged that the accident was caused by the presence in the transformers of a large “ packing block ” of wood fastened thereto by wire nails and that the General Electric Company was negligent in so placing the block of wood and in failing to call attention to its presence.
    
      Welles V. Moot, Adelbert Moot and Richmond D. Moot for appellant.
    
      Hamilton Ward for plaintiff, appellant and respondent.
    
      Thomas R. Wheeler for Tonawanda Power Company, respondent.
   Judgment affirmed, with costs, on authority of Rosebrock v. General Electric Co. (236 N. Y. 227); no opinion.

Concur: Hogan, Caudozo, Pound and Crane, JJ.; Hiscock, Ch. J., and McLaughlin, J., dissent on ground of errors in charge. Not sitting: Andrews, J.  