Liverani v. John T. Clark & Son
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John T. Clark & Son, 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 2d day of April, 1919, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office on the same day denying defendant’s - motion for a new trial made upon the minutes.
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Appeal by the defendant, John T. Clark & Son, 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 2d day of April, 1919, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office on the same day denying defendant’s - motion for a new trial made upon the minutes. This recovery was against both the shipowner and the contracting stevedore who was loading the steamship Sarnia, for negligent injuries resulting in the death of Orreste Liverani, a longshoreman, by the breaking of a…
1Opinion of the Court
Putnam, J.:
Before hooking on to this ringbolt, the foreman stevedore saw in its appearance something that started inquiry as to its strength and sufficiency. No question was made as to its size. Hence the inference that the repeated inquiries were prompted by its rusted condition. Such a blackened and corroded state of the surrounding deck points to impairment of the iron shank. Although no witness went to the extent of calling it “ iron-sick,” evidently there were plain indications of weakness. In such case, the employing stevedore could not rest on the ship’s performance of its duty, or…
2Cited by4 opinions
- Marshall v. Westfal, Larsen & Co.District Court, S.D. Georgia · 1924
- Dziengelewsky v. Turner & Blanchard, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- McCabe v. Turner & Blanchard, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- McCabe v. Turner & Blanchard, Inc.Appellate Division of the Supreme Court of the State of New York · 1921