Maloney v. . Cunard Steamship Co.
New York Court of Appeals
Appeal from a judgment entered March 3, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered March 3, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in deciding that the evidence failed to support a finding of negligence. . (Cooney v. Central Dredging Co., 151 App. Div. 345; Lipstein v. Provident Loan Society, 154 App. Div. 732; Wolfkiel v. S. A. R. R. Co., 38 N. Y. 49.) The…
1Opinion of the CourtCardozo, J.
The plaintiff is a longshoreman. In December, 1910, he was engaged in unloading the Ounard steamship Caronia. It was necessary for him to go down into the hold. For this purpose there was provided a “Jacob’s ladder.” That is an appliance of frequent use on shipboard. It is a ladder with sides of rope and with wooden steps. The usual means of entrance into the hold was a stationary iron stairway. This had been taken up to make room for a large automobile, and the Jacob’s ladder was substituted. The -ladder was lashed at the top to a stanchion on the deck; there is evidence, however, that it…
2Cases cited9 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Raritan River Steel Co. v. Cherry, Bekaert & HollandSupreme Court of North Carolina · 1988
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Zurich General Accident & Liability Insurance v. Childs Co.New York Court of Appeals · 1930
- Nicholson v. . Greeley Square Hotel Co.New York Court of Appeals · 1919
- Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
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