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.
1Opinion of the CourtMcLENNAN, J.
At about 8 o’clock on the evening of the 8th day of August, 1899, the plaintiff, as was his custom, commenced to assist in unloading ore from a boat onto defendant’s dock in the city of Buffalo, N. Y. At that time it was dark. He continued working until between 2 and 3 o’clock in the morning, when an accident occurred, and he sustained the injuries for which 'he seeks to recover. The method of unloading boats adopted by the defendant was to lower a bucket attached to the arm of a derrick operated by steam into the hold of the boat; when filled, raise it clear from the boat, and then swing it…
2Cases cited6 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
- Yaw v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1899
- Yaw v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1899
- Johnson v. LordAppellate Division of the Supreme Court of the State of New York · 1898
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