Seyford v. Southern Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Southern Pacific Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 1st day of March, 1913, upon the verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
Plaintiff, while engaged in defendant’s service, sustained serious injuries by falling through an open hatch in the floor of a coal bunker in the steamship El Occidente. The complaint alleged negligence as the cause thereof, both at common law and under the provisions of the Labor Law relative to employers’ liability (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], §§ 200-204, as amd. by Laws of 1910, chap. 352). At the close of the case plaintiff asked to go to the jury under the statutory provisions. From a judgment entered upon a verdict in his favor and from an order denying a…
2Cases cited3 opinions
- Rohrbacher v. . GilligNew York Court of Appeals · 1911
- Pattison v. Livingston Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1913
- McDonnell v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
3Cited by3 opinions
- Wenzel v. Patrick Ryan Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1915
- Seyford v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Shuster v. Jaffola & Mark, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1935