Legal Opinion

Earle v. Clyde Steamship Co.

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

Decided July 1, 1905PublishedCited by 1 opinion

Appeal by the defendant, the Clyde Steamship Company, from a judgment of the Supreme Court in favor of the plaintiff, entered ■ in the office of the clerk of the county of Hew York on the. 27th day of May, 1904, upon the verdict of a jury for $2,000, and also from an order, as resettled, entered in said clerk’s office on the 19th day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J:

Action to recover damages for death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.

At the time of the accident the intestate, with others, was engaged in unloading a vessel belonging to the defendant. The vessel had three decks and below the lower one was the hold. On the evening of the accident plaintiff was put at work on the lower *23deck unloading rice and there he continued with the witness Barrett until between eleven and twelve o’clock, when he was directed to unload lumber from the same deck. On this deck was a ’ hatchway, which was so…

2Cases cited1 opinion

  1. Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893

3Cited by1 opinion

  1. Zilver v. Robert Graves Co.Appellate Division of the Supreme Court of the State of New York · 1905

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