Tully v. New York & Texas Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Texas Steamship Company, 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 12th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 20th day of May, 1896, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, the New York and Texas Steamship Company, 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 12th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 20th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Bradley, J.:
The plaintiff sustained a physical injury on the defendant’s steamship Lampasas, lying at her pier in East river, city of New York, on May 25, 1894. It was a three-deck ship. The plaintiff was employed as longshoreman by the defendant to assist in loading and stowing a cargo on the vessel. He went to work there in the morning, and in the afternoon he was engaged in the hold, below the, main hatch, until about five o’clock, when, being directed by the foreman to come on to the lower deck and go to the forward hatch and stow freight there, he proceeded to go there and stepped into…
2Cases cited3 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Filbert v. President, Managers and Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
3Cited by6 opinions
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
- Korzib v. Netherlands-American Steam Navigation Co.District Court, S.D. New York · 1910
- Earle v. Clyde Steamship Co.New York Supreme Court · 1904
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
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