Preston v. Ocean Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Ocean Steamship Company of Savannah, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of February, 1898, upon the verdict of a jury for $5,000, rendered after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 28th day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff was injured by falling down a hatchway upon one of the steamships of the defendant, under' the following circumstances: He was a longshoreman, engaged in loading a steamship, and after the loading was almost completed, he was directed to close the hatchway over the hold in which thé loading had been completed. This hatchway was closed by fifteen wooden hatches which were placed by the men in position. The plaintiff, having so placed one of them, stepped upon it to place another in its position when the one. upon which he stood gave way and he fell into the hold, a…
2Cases cited1 opinion
- People v. SmilerNew York Court of Appeals · 1891
3Cited by2 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- McDonnell v. Oceanic Steam Navigation Co.Court of Appeals for the Second Circuit · 1906