Chaffee v. Union Dry Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from. a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the" clerk of the county of Erie on the 28th day of May, 1901, upon the verdict of a jury for, $3,500, and-also from- an order entered in said clerk’s office on the 28th day of May, 1901, denying the said defendant’s motion for a new trial made upon the ' minutes.
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Appeal by the defendant, the Erie Railroad Company, from. a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the" clerk of the county of Erie on the 28th day of May, 1901, upon the verdict of a jury for, $3,500, and-also from- an order entered in said clerk’s office on the 28th day of May, 1901, denying the said defendant’s motion for a new trial made upon the ' minutes. The action was brought to recover damages for personal injuries sustained by plaintiff through the falling of a scaffold while he was at work upon a vessel being built at the Union dry dock…
1Opinion of the Court
Hiscock, J.:
Concededly for some time prior to November 1,1900, the defendant was the owner and operator of the Union dry dock in the city of Buffalo wherein ships were built. Upon the trial it was a question, to be hereinafter discussed, whether such ownership and operation continued over and included November 8, 1900, the day of the accident. Upon and for some time prior to said last-mentioned date there was being constructed at said shipyard a vessel to be known as the Wilkesbarre, which was designed for use upon the lakes and was of iron construction, being over four hundred feet long,…
2Cases cited4 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Helm v. ChapmanCalifornia Supreme Court · 1885
- Forbes v. Willamette Falls Electric Co.Oregon Supreme Court · 1890
- McLaughlin v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1900
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- Deiner v. SutermeisterSupreme Court of Missouri · 1915
- Wingert v. KrakauerAppellate Division of the Supreme Court of the State of New York · 1902
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