Thomas v. . Henges
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence, causing the death of Samuel B. Henges, plaintiff’s intestate, who was killed by the falling of a derrick upon a dock, the mast of which was insufficient and dangerous. The facts, so far as material, are stated in the opinion. In order to be entitled to recover,…
1Per curiam
The line between the property of West and the defendant passed through the dock longitudinally. Boats which came to the dock seem to have been moored along the outer side of the dock towards the bay, alongside the defendant’s part of the dock. The defendant let the use of the dock to Morrisey for unloading stone and charged so much for each boat load. There was no suggestion when he made the bargain with Morrisey that anyone else had any interest in the dock, or that only the part actually owned by the defendant was to be used. The relation between West and the defendant in respect to the…
2Cited by5 opinions
- Carroll v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Connors v. King Line, LimitedAppellate Division of the Supreme Court of the State of New York · 1904
- Carroll v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
- Hulse v. New York, Ontario & Western RailroadNew York Supreme Court · 1893
- Gordon v. AshleyNew York Supreme Court · 1901