Legal Opinion

Liverani v. John T. Clark & Son

New York Court of Appeals

Decided May 3, 1921PublishedCited by 22 opinions

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

  1. Kirk v. SturdyMassachusetts Supreme Judicial Court · 1904
  2. O'Doherty v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by22 opinions

  1. Grasso v. LorentzenCourt of Appeals for the Second Circuit · 1945
  2. Port of New York Stevedoring Corp. v. CastagnaCourt of Appeals for the Second Circuit · 1922
  3. Newton v. PickellOregon Supreme Court · 1954
  4. Ignatyuk v. Tramp Chartering Corp.Court of Appeals for the Second Circuit · 1957
  5. Barnevo v. Munson Steamship LineNew York Court of Appeals · 1925

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