Kane v. Mitchell Transp. Co.
New York Supreme Court
Appeal from circuit court, Erie county. Action by Roger Kane, as administrator of Edward O’Toole, deceased, against the Mitchell Transportation Company, to recover damages for the death of plaintiff’s intestate alleged to have been caused by the negligence of defendant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtLewis, J.
The deceased, Edward O’Toole, on the 22d day of October, 1892, was working as a scooper, assisting in unloading a cargo of grain from a steam barge, known as the “A. Folsom,” which belonged to the defendant. The grain was being elevated into the Evans elevator, in the city of Buffalo. While thus engaged, a piece of timber, belonging to and used upon the deck of the vessel, was negligently allowed to fall down the hatchway of the vessel into the hold by one of the deck hands of the vessel. In falling, it struck and killed the deceased. The deck hand was, at the time, in the employ of the…
2Cases cited3 opinions
- Johnson v. . Netherlands American Steam Navigation Co.New York Court of Appeals · 1892
- Svenson v. . Atlantic Mail Steamship Co.New York Court of Appeals · 1874
- Sanford v. Standard Oil Co. of New YorkNew York Court of Appeals · 1890
3Cited by5 opinions
- Hepp v. AderIdaho Supreme Court · 1942
- Butler v. TownendIdaho Supreme Court · 1931
- Huff v. Peoria & Eastern Railway Co.Appellate Court of Illinois · 1906
- Thornton v. HoganAppellate Division of the Supreme Court of the State of New York · 1903
- Thornton v. HoganAppellate Division of the Supreme Court of the State of New York · 1903