Hogan v. Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 26, 1890, which affirmed á judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the alleged negligent killing of plaintiff’s intestate, a longshoreman, who was killed while engaged with others in loading defendant’s vessel with grain.
1Opinion of the Court
The following is the opinion in full:
“ The plaintiff’s intestate was a longshoreman, engaged with others in loading a vessel with flour. In the square of the hatch and above the hold, the workmen had laid plank and built upon it with bags of flour what is called a “ stool,” upon which four men stood and received the flour lowered to. them in slings, and then delivered it to other men who stowed it away. It was customary for the longshoremen to extend the planks upon which the “ stool ” was constructed to some distance outside of it, but that precaution had been omitted, and the deceased was…
2Cited by24 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
- Geoghegan v. Atlas Steamship Co.New York Court of Common Pleas · 1893
- Lambert v. Missisquoi Pulp Co.Supreme Court of Vermont · 1900
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