Liverani v. John T. Clark & Son
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 14,1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The appellant was entitled to assume that the defendant steamship company had performed the duty of inspecting the ring-bolt which broke, and was not required to make further inspection in the absence of anything to excite suspicion or apprehension.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 14,1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The appellant was entitled to assume that the defendant steamship company had performed the duty of inspecting the ring-bolt which broke, and was not required to make further inspection in the absence of anything to excite suspicion or apprehension. (McKeon v. P. & G. Mfg. Co., 154 App. Div. 740; Kirk v. Sturdy, 187 Mass. 87.) Reversible error was committed in charging the…
1Opinion of the CourtCrane, J.
John T. Clark & Son, the appellant corporation, was a contracting stevedore engaged in loading bags of sugar into the steamship Sarnia moored at the foot of Court street, borough of Brooklyn, city of New York; on the twenty-first day of June, 1916. The hoisting falls were hooked into an iron ring-bolt fastened in the ship’s deck. The ring was made of one-inch metal with a stem extending through two decks and clinched with a rivet underneath. During the progress of the work the ring-bolt on the deck of the vessel broke at or a little below the surface of the deck and the pulley block struck…
2Cases cited2 opinions
- Kirk v. SturdyMassachusetts Supreme Judicial Court · 1904
- O'Doherty v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by22 opinions
- Grasso v. LorentzenCourt of Appeals for the Second Circuit · 1945
- Port of New York Stevedoring Corp. v. CastagnaCourt of Appeals for the Second Circuit · 1922
- Newton v. PickellOregon Supreme Court · 1954
- Ignatyuk v. Tramp Chartering Corp.Court of Appeals for the Second Circuit · 1957
- Barnevo v. Munson Steamship LineNew York Court of Appeals · 1925
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