Legal Opinion

Thornton v. Hogan

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 1903Published

Appeal from Trial Term, Kings County. Action for personal injuries by William C. Thornton against Charles W. Hogan and Jefferson Hogan, doing business as partners under the firm name of T. Hogan & Sons, and the Commercial Lighterage Company. Judgment against 'the defendants Hogan, and they appeal.

1Opinion of the CourtJenks, J.

I think that there should be a new trial because of error in admission of testimony. The plaintiff complains of negligence. There is no dispute of the testimony of the plaintiff that he was a longshoreman hired by the Manhattan Lighterage Company, and by it “loaned” to the Commercial Lighterage Company; so that at the time of the accident he was upon the lighter of the latter company, under its orders, stowing bags of coffee which were being unloaded by the defendants, who were stevedores, from a ship into the lighter. A load of bags while in transit from ship to lighter fell from the sling…

2Cases cited9 opinions

  1. Cullen v. . NortonNew York Court of Appeals · 1891
  2. Perry v. . RogersNew York Court of Appeals · 1898
  3. Johnson v. . Netherlands American Steam Navigation Co.New York Court of Appeals · 1892
  4. Svenson v. . Atlantic Mail Steamship Co.New York Court of Appeals · 1874
  5. Sanford v. Standard Oil Co. of New YorkNew York Court of Appeals · 1890

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