Oats v. New York Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Dock Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of January, 1904, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 13th day of-January, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
HIRSCHBERG, P. J. :
The plaintiff was injured by the falling upon him of a large he -■ door inclosing a shed upon a dock in the borough of Brooklyn based or controlled by the defendant. The door was a sliding doc j was on wheels, and had wheels overhead. The plaintiff was a *489longshoreman engaged in the work of fastening boats to the dock, unloading them, and trimming grain which constituted an occasional cargo. It may be assumed from the proof that he was lawfully on the dock at the time of the accident awaiting specific employment, and that the defendant owed him the duty of exercising…
2Cases cited1 opinion
- Edge v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- McDonald v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905