Sloan v. The Flowergate
District Court, E.D. New York
Libel for personal injury to a grain-trimmer while engaged in rigging the tackle preparatory to stowing a cargo of grain, occasioned by the breaking of an oyc-bolt, set in the deck, to which a block was attached, and in use for the purpose of moving- the vessel along the dock. After the bolt broke a latent defect was disclosed below where it was countersunk in the deck. ■
1Opinion of the CourtBenedict, J.
The evidence is not sufficient to justify finding as a fact that the condition of the oy e-bolt, when it was put to use at the time the plaintiff was injured through its giving way, was such as to inform anyone of the fact that the bolt was already partly broken off. The eye ivas connter-sunk in the dock, and the old break was below the upper surface of the deck. This location rendered the defect in truth latent. The use of an eye-bolt, apparently sufficient, but in reality insufficient solely because of a latent delect, entails no liability for damages caused by such defect.
The libel must be…
2Cited by7 opinions
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- George W. Dixon, Libelant-Appellee v. United StatesCourt of Appeals for the Second Circuit · 1955
- Weeks v. Wilson Transit Co.Court of Appeals for the Sixth Circuit · 1894
- Lunney v. The ConcordDistrict Court, S.D. New York · 1893
- Hawgood & Avery Transit Co. v. Meaford Transp. Co.Court of Appeals for the Sixth Circuit · 1916
2 more not listed; retrieve them via the Exa API.