Depirro v. John N. Robins Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 19, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge the jury as requested by defendant’s counsel. (King v. Ford, 121 App. Div. 404.) The court did not err in refusing to charge defendant’s request.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 19, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge the jury as requested by defendant’s counsel. (King v. Ford, 121 App. Div. 404.) The court did not err in refusing to charge defendant’s request. (Devanney v. Degnon Const. Co., 76 App. Div. 62; 178 N.Y. 620; Martin v. Walker, 122 App. Div. 280.)
1Opinion of the CourtCollin, J.
The action is at common law to recover the damages for the alleged negligence of defendant causing the death of plaintiff’s intestate. He was killed by falling through a hatch in the deck of a vessel, which was at the dock of the defendant for repairs. He was engaged, as an employee of the defendant, in heating rivets at a portable forge placed by his fellow-workmen between two opposite hatches in the deck. He was last seen alive about five minutes after six o’clock in the afternoon of December 27, 1907, at or near his forge. Ten to fifteen minutes afterward he was found dead at the bottom of…
2Cases cited2 opinions
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904
3Cited by1 opinion
- Horan v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1916