Legal Opinion

Dziengelewsky v. Turner & Blanchard, Inc.

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

Decided April 9, 1920PublishedCited by 1 opinion

Appeal by the defendant, Turner & Blanchard, Inc., 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 10th day of April, 1919, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes. The defendant company, in the stevedore trade, had the deceased in its employ as a longshoreman.

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Appeal by the defendant, Turner & Blanchard, Inc., 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 10th day of April, 1919, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes. The defendant company, in the stevedore trade, had the deceased in its employ as a longshoreman. On September 6, 1918, the government transport Celebes was being loaded at the Bush Terminal, Brooklyn, with cargo…

1Opinion of the Court

Putnam, J.:

This recovery, if sustained, puts on the employing stevedore a stringent obligation quite beyond the field and work of loading. It calls for a care and obligation regarding objects beyond the master’s control, which, if attempted, would put a stevedore into conflict with the officers of the ship, especially those of a government vessel. The gangways of a government transport are put out during the ship’s stay in port, for accommodation of the crew, also to take aboard military forces going overseas, and are not something specially furnished for longshoremen. In the absence of…

2Cases cited3 opinions

  1. Moynihan v. King's Windsor Cement Dry Mortar Co.Massachusetts Supreme Judicial Court · 1897
  2. Powell v. Cohoes Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Liverani v. John T. Clark & SonAppellate Division of the Supreme Court of the State of New York · 1920

3Cited by1 opinion

  1. Groonstad v. Robins Dry Dock & Repair Co.Appellate Division of the Supreme Court of the State of New York · 1922

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