Court denied Locke appeal after plaintiff died of silicosis

Appeal is Permitted

Regardless of Death

Appeal from a no cause of action verdict in a silicosis case in which the plaintiff died after a Supreme Court jury handed up its findings can be carried on by his estate, the Appellate Division has ruled.

The Court denied motion of the defendant, Locke Insulator Corporation of Victor, to dismiss the appeal instituted by the plaintiff, the late Lawrence Forte, and it granted the motion of the dead man's attorney to substitute as plaintiff-appellant the widow, Mrs. Maria Forte, 22 1-2 Edmonds Street.

Forte, former employe of the company sued for $50,000, alleging negligence resulted in his contraction of the lung disease.