Foster v. Bucknall S. S. Lines, Ltd.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Isabella Foster, as administratrix of the goods, chattels, and credits of Albert J. Foster, deceased, against the Bucknall Steamship Fines, Limited, to recover damages for the death of plaintiff’s intestate, who was killed while at work on defendant’s steamship, the Amatonga.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Isabella Foster, as administratrix of the goods, chattels, and credits of Albert J. Foster, deceased, against the Bucknall Steamship Fines, Limited, to recover damages for the death of plaintiff’s intestate, who was killed while at work on defendant’s steamship, the Amatonga. On writ of error to the District Court for the Eastern District of New York' to review a judgment entered upon a decision of the court dismissing the complaint, the parties having stipulated to try the cause before the…
1Opinion of the Court
COXE, Circuit Judge.
At the time of the accident which resulted in the death of the plaintiff’s intestate the defendant’s steamship Ama-tonga was lying at Pier 6, Jersey City, taking a cargo consisting, in part, of iron pipe. The work of loading was in the hands of -M. P. Smith & Sons Company pursuant to a contract with the ship’s owners, by which it was agreed that the stevedores should supply all necessary tackle and appliances, but should have the use of the cargo appliances on board “including rope and steam as customary.” On the morning of September 29, 1909, the work of loading at hatch…
2Cases cited8 opinions
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Coughlin v. The RheolaU.S. Circuit Court for the District of Southern New York · 1884
- Lafayette Bridge Co. v. OlsenCourt of Appeals for the Seventh Circuit · 1901
- Lowndes v. The PhœnixDistrict Court, D. South Carolina · 1888
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3Cited by3 opinions
- Yost v. General Electric CompanyDistrict Court, S.D. New York · 1959
- The Santa BarbaraDistrict Court, E.D. New York · 1918
- The RemembranceDistrict Court, E.D. Pennsylvania · 1914