O'Connell v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Clark and another, 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 15tli day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of March, 1897, denying the defendants’ motion for a new trial.
1Opinion of the Court
Cullen, J.:
This action is servant against master, to recover for damages resulting from personal injuries. The parties are longshoremen, the plaintiff being an employee. The plaintiff had pursued his occupation for some ten years and was fully cognizant of its risk and skilled in the proper prosecution of the work. On the occasion of the accident the parties were engaged in taking'a cargo of jute, packed in bales, out of a ship. The work was being done in the lower hold. The plaintiff had made up a draft of four bales and given the signal to the gangwayman to hoist it out of the hold. The…
2Cases cited1 opinion
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by20 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
- Smith's Admr. v. North Jellico Coal Co.Court of Appeals of Kentucky · 1908
- Chicago, B. & Q. R. v. ShalstromCourt of Appeals for the Eighth Circuit · 1912
- Brown v. People's Gas Light Co.Supreme Court of Vermont · 1908
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