Kafline v. Brooklyn Eastern District Terminal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn Eastern District Terminal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of December, 1916, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 27th day of November, 1916, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Brooklyn Eastern District Terminal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of December, 1916, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 27th day of November, 1916, denying defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for the death of Joseph Kafline caused by falling from a part of defendant’s wharf between North Eighth and Ninth streets in the borough…
1Opinion of the Court
Putnam, J.:
The deceased, Joseph Kafline, was in the employ of the Parkinson Coal and Coke Company to drive or lead a tow-horse, upon a part of this wharf where coke was being discharged from a scow alongside the south side of this wharf. This coal company had a discharging berth on the south side of the wharf. An ice company had a like privilege along *859the north side. The wharf was open, without shed or covering. It was about 300 feet in length. The outer end was in a decayed and dilapidated state, so that the timbers there rose and fell with the tide. Formerly a house for a city fire boat was…
2Cases cited3 opinions
- Weems Steamboat Co. of Baltimore v. People's Steamboat Co.Supreme Court of the United States · 1909
- Downes v. . Elmira Bridge Co.New York Court of Appeals · 1904
- Delaney v. Pennsylvania RailroadNew York Supreme Court · 1894
3Cited by3 opinions
- The M. L. C. No. 10Court of Appeals for the Second Circuit · 1926
- Garcia & Diaz, Inc. v. Trans World Refining Corp.Appellate Division of the Supreme Court of the State of New York · 1961
- Garcia & Diaz, Inc. v. Trans World Refining Corp.Appellate Division of the Supreme Court of the State of New York · 1961