Legal Opinion

Atlantic Transport Co. v. Coneys

Court of Appeals for the Second Circuit

Decided July 26, 1897PublishedCited by 20 opinions

In Error to the Circuit Court of the United States for the Sou (hern District of Xew York. This writ of error was brought to reverse a judgment for 82.034.85 rendered upon a verdict of the jury In favor of Michael Coneys, the plaintiff below, in an action to recover damages for personal injuries caused by the negligence of persons alleged to be the servants of the defendant, a steamship company having a line of steamers running to and from New York, and engaged in the…

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In Error to the Circuit Court of the United States for the Sou (hern District of Xew York. This writ of error was brought to reverse a judgment for 82.034.85 rendered upon a verdict of the jury In favor of Michael Coneys, the plaintiff below, in an action to recover damages for personal injuries caused by the negligence of persons alleged to be the servants of the defendant, a steamship company having a line of steamers running to and from New York, and engaged in the transportation from New York to London of cattle, horses, grain, and general merchandise. The plaintiff was an employe of an…

1Opinion of the CourtShipman, Circuit Judge

(after stating tlie facts as above). The fact of a distinction between the liability of an employer for an injury caused by the negligence of his emplové or his servant, and the liability of an owner for an injury caused by the negligence of an independent contractor who undertakes to execute specified work upon the owner’s property, was formerly not well recognized (Bush v. Steinman, 1 Bos. & P. 404), but is now distinctly understood (Hilliard v. Richardson, 3 Gray, 349). If any confusion now exists, it is in regard to the controlling tests that determine the character of the particular…

2Cases cited8 opinions

  1. Casement v. BrownSupreme Court of the United States · 1893
  2. Hexamer v. . WebbNew York Court of Appeals · 1886
  3. Butler v. . TownsendNew York Court of Appeals · 1891
  4. Railroad Company v. HanningSupreme Court of the United States · 1873
  5. Linnehan v. RollinsMassachusetts Supreme Judicial Court · 1884

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3Cited by20 opinions

  1. New Prime Inc. v. OliveiraSupreme Court of the United States · 2019
  2. Cimorelli v. New York Cent. R. Co.Court of Appeals for the Sixth Circuit · 1945
  3. Dayton v. FreeUtah Supreme Court · 1914
  4. Madix v. Hochgreve Brewing Co.Wisconsin Supreme Court · 1913
  5. St. Louis & San Francisco Railroad v. MaddenSupreme Court of Kansas · 1908

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