Christiensen v. Morse Dry Dock & Repair Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morse Dry Dock and Repair Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of October, 1916, upon the verdict of a jury for $7,500, and also from orders entered in said clerk’s office on the 23d and 24th days of October, 1916, respectively, denying defendant’s motions to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Stapleton, J.:
The court agrees that unless there was error in refusing a request to charge, the judgment should survive this appeal. The jury could find that an employer, engaged in altering a ship on May 29, 1914, furnished his employee with an unsafe scaffold. The defendant employer’s counsel made this request of the court: “ I ask your Honor to charge that the law which imposes upon an employer the duty of seeing that the scaffold is proper, does not take away the defense of the assumption of risk, if the jury believe that the plaintiff knew the condition of the scaffold and could readily…
2Cases cited4 opinions
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Welch v. Waterbury Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Welch v. . Waterbury CompanyNew York Court of Appeals · 1916
3Cited by1 opinion
- Osborne v. Salvation ArmyCourt of Appeals for the Second Circuit · 1939