Freel v. Chrome Steel Works

Gaynor, J. (dissenting):

It seems plain to me that the facts of tins case are not understood. The manufacturing plant of the defendant borders along the Wallabout canal in Brooklyn. It has sheds along the canal for coal, iron, steel, etc. On the day of the accident barges alongside with coal for the defendant *917were being unloaded. By means of a large derrick of the defendant, the mast of which was permanently set in the ground on the defendant’s premises, and was forty feet high and one foot thick, the coal was hoisted from the boat in a large tub or bucket up into cars on overhead tracks on…