Ivers v. Minnesota Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Minnesota 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 Erie on the 2d day of December, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 2d day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Minnesota 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 Erie on the 2d day of December, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 2d day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 1st day of August, 1901, to-recover damages for injuries sustained by the plaintiff while in defendant’s employ, alleged to have been caused through the;…
1Dissent
Spring, J. (dissenting):
The plaintiff, a hatch tender employed in unloading iron ore at the dock of the defendant, was injured by 'the breaking of a rope used in hoisting a bucket filled with ore. The rope was a new one used for the first time the night of the accident, but was rotten at the place where it parted. The ropes were furnished by the defendant and were delivered over to the men by Grotty, its foreman. To him was intrusted the duty of inspecting the ropes. They were purchased from a reliable firm, including the one which broke. They were supplied to Grotty either in a coil to cut.…
2Cases cited7 opinions
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Daley v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
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