Thornton v. Hogan
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendants, Charles W. Hogan and another, doing business as partners under the copartnership and firm name of T. Hogan & Sons, 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 19th day of March, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 10th day of April, 1902, denying the said defendants’ motion for a new trial made…
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Appeal "by the defendants, Charles W. Hogan and another, doing business as partners under the copartnership and firm name of T. Hogan & Sons, 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 19th day of March, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 10th day of April, 1902, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jestks, 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…
2Cases cited6 opinions
- Perry v. . RogersNew York Court of Appeals · 1898
- Sanford v. Standard Oil Co. of New YorkNew York Court of Appeals · 1890
- Cameron v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
- Kane v. Mitchell Transp. Co.New York Supreme Court · 1895
- Toohey v. Ocean Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1903
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