Legal Opinion
Maloney v. State
New York Court of Claims
Decided May 3, 1955No. Claim No. 31319PublishedCited by 5 opinions
1Opinion of the CourtMajor, J.
This is a claim against the State of New York brought to recover damages for conscious pain and suffering and for the wrongful death of claimant’s husband, Thomas F. Maloney, an employee of the State, who was fatally injured in an accident on New York State derrick barge 2-A, a nonpropelled boat used in the repair and maintenance of the State canal system.
At the opening of the trial, at the close of claimant’s case, and at the conclusion of the trial, the State made motions to dismiss this claim on the grounds that (1) the “ Jones Act ” had no application for the reason that derrick barge 2-A…
2Cases cited45 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Panama Railroad v. JohnsonSupreme Court of the United States · 1924
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
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3Cited by5 opinions
- Melancon v. McKeithenDistrict Court, E.D. Louisiana · 1972
- Percy v. BrennanDistrict Court, S.D. New York · 1974
- Airlift International, Inc. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1976
- Hunterfly Realty Corp. v. StateNew York Supreme Court · 1970
- Melancon v. McKeithenDistrict Court, E.D. Louisiana · 1972