Galasso v. National Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Francesco Galasso and Pasquale Di Pietro, as administrators, etc'., of Pietro Macceo, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 20 th day of January, 1897, upon the verdict of a jury rendered by direction of the court.
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Appeal by the plaintiffs, Francesco Galasso and Pasquale Di Pietro, as administrators, etc'., of Pietro Macceo, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 20 th day of January, 1897, upon the verdict of a jury rendered by direction of the court. The action was brought to recover damages resulting from the death of the plaintiffs’ intestate caused by the alleged negligence of the defendant.
1Opinion of the Court
Barrett, J.:
The plaintiffs’ intestate, Pietro Macceo, was killed in the month of November, 1895, while working on board the Europe, one of the defendant’s steamers. The Europe was at a wharf in the North' river, discharging her caigo. Part of. it consisted of chalk, which was being unloaded into a lighter alongside of the Europe. It was lifted out of the hold in buckets, raised by a rope which was attached to a derrick and operated by a steam- winch on deck. Macceo was in the hold, loading buckets and starting them upward, when one of them, which had nearly reached the deck, dumped its…
2Cases cited2 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Schulz v. . RoheNew York Court of Appeals · 1896
3Cited by3 opinions
- Majors v. ConnorCalifornia Supreme Court · 1912
- Meehan v. JudsonAppellate Division of the Supreme Court of the State of New York · 1899
- McKnight v. Brooklyn Heights RailroadNew York Supreme Court · 1898