Legal Opinion

McCabe v. Turner & Blanchard, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 1921Published

Appeal by the defendant, Turner & Blanchard, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 14th day of January, 1921, upon the verdict of a jury for $10,000, and also from an order, entered in said clerk’s office on the same day, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.

1Opinion of the Court

Mills, J.:

This action was brought to recover damages for personal injuries which the plaintiff claimed to have sustained through the negligence of the defendant. There really was no substantial, or at the most very little, conflict in the evidence. That warranted the jury in finding the following facts:

The plaintiff, an experienced longshoreman, was an employee of the defendant, a corporation engaged in the stevedoring business, that is, in loading or unloading cargoes from vessels at New York city wharves. On May 19, 1920, the defendant, in the ordinary course of its business, was unloading…

2Cases cited2 opinions

  1. Liverani v. John T. Clark & SonNew York Court of Appeals · 1921
  2. Liverani v. John T. Clark & SonAppellate Division of the Supreme Court of the State of New York · 1920

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