Lynch v. American Linseed Co.
Appellate Division of the Supreme Court of the State of New York
Action by Jeremiah F. Lynch against the American Linseed Company and the Deane Linseed Oil Company. Frederick Hulse (Ernest F. Eidlitz, on the brief), for appellant. Richard J. Donovan (Herbert D. Cohen, on the brief), for respondent.
1Dissent
HOOKER, J. (dissenting).
The plaintiff had a verdict, in this case of servant against master. for the latter’s negligence. After working a day and one-half in shoveling linseed in the holds of vessels toward the feet of marine elevator legs employed to unload the seed, the plaintiff, pursuant to direction, undertook to climb down into the hold of one of the vessels. He went down through a hatch into which the marine leg had been projected, took hold of the combing of the hatch with one hand, and steadied himself against the leg with the other, lowering himself until his feet touched the seed.…
2Cases cited12 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Knisley v. . PrattNew York Court of Appeals · 1896
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
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