Santiago v. John E. Walsh Stevedore Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John E. Walsh Stevedore Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 19th day of February, 1912, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 16th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
This is a common-law action of servant against master. The judgment must be reversed for errors in connection with the charge. One of the alleged grounds of defendant’s negligence Was failing to provide adequate appliances, to wit, skids, which were employed in the prosecution of the w;ork. The evidence on this point was conflicting. The court was asked to charge “that the defendant is not bound to provide other instrumentalities than he has furnished merely at the request of a servant; that it is immaterial that there are better or different appliances, so long as those which he…
2Cases cited4 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Fahey v. New Amsterdam Gas Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Fitzgerald v. . Newton Falls Paper Co.New York Court of Appeals · 1912
- Marsen v. Nichols Copper Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Potomac Insurance v. DonovanAppellate Division of the Supreme Court of the State of New York · 1952