Ivers v. Minnesota Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Erie County. Action by Patrick Ivers against the Minnesota Dock Company. From a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial on the minutes, defendant appeals.
1DissentSpring, J.
The plaintiff, a hatch tender, employed in unloading iron ore at the dock of the defendant, was injured by the breaking of a rope used in hoisting a bucket filled with ore. The rope was a new one, used for the first time the night of the accident, but was rotten at the place where it parted. The ropes were furnished by the defendant, and were delivered over to the men by Grotty, its foreman. To him was intrusted the duty of inspecting ropes. They were purchased from a reliable firm, including the one which broke. They were supplied to Grotty either in a coil to cut up into five or six ropes…
2Cases cited11 opinions
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
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