Cregan v. . Marston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.' The nature of the action and the facts, so far as material, are stated in the opinion. The defendants, as masters, discharged their whole duty to the deceased.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.' The nature of the action and the facts, so far as material, are stated in the opinion. The defendants, as masters, discharged their whole duty to the deceased. Their obligation was to furnish suitable materials, safe machinery and competent fellow-workmen. This obligation they performed. They are, therefore, not responsible for…
1Opinion of the CourtFinch, J.
The plaintiff's intestate was killed while loading •coal into buckets which were raised from the hold of a vessel by the aid of a derrick. The rope used for that purpose, and which lifted the loads to the control of the gaff, suddenly parted and the falling mass crushed the deceased who died almost immediately from his injuries. There is no question of contributory negligence in the case, and not the least doubt that the defendants did their full duty so far as it consisted in the selection and supply of the rope used.
The controversy is thus narrowed by the facts to the single inquiry whose…
2Cases cited6 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Webber v. . PiperNew York Court of Appeals · 1888
- McGee v. Boston Cordage Co.Massachusetts Supreme Judicial Court · 1885
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3Cited by85 opinions
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Helling v. SchindlerCalifornia Supreme Court · 1904
- Forbes v. DunnavantSupreme Court of Missouri · 1906
80 more not listed; retrieve them via the Exa API.