Legal Opinion

Smith v. Brady

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1910PublishedCited by 7 opinions

Appeal by the defendants, John Brady and another, from a judgment of the Supreme Court in favor of tile plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of May, 1909, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office .on the same day, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Hirschberg, P. J.:

The judgment recovered by the plaintiff is for personal injuries sustained while he was at, work on a steamship which was being unloaded at a pier in the East river. He was working at the time for a ship’s cooper. The cargo of the vessel was raw sugar stored in bags, and the plaintiff was engaged in sewing and mending torn bags. The hags when filled weighed from 320 , to 380 pounds each, and they were stowed to a height of upwards of twenty feet. The plaintiff was working for his employer in the • main hatch of the vessel, which adjoined the bunker hatch with no partition…

2Cases cited5 opinions

  1. Wittenberg v. SeitzAppellate Division of the Supreme Court of the State of New York · 1896
  2. Reilly v. Atlas Iron Const. Co.New York Supreme Court · 1894
  3. Reilly v. Atlas Iron Construction Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Bill v. New York Expanded Metal Co.Appellate Division of the Supreme Court of the State of New York · 1901
  5. Bishof v. LeahyAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by7 opinions

  1. Murphy v. Rochester Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
  2. Overstreet v. Security Storage & Safe Deposit Co.Supreme Court of Virginia · 1927
  3. Zebell v. SaufnauerAppellate Court of Illinois · 1962
  4. McGeary v. ReedOhio Court of Appeals · 1957
  5. Lynch v. Fred T. Ley & Co.City of New York Municipal Court · 1922

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