Anderson v. . Boyer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22,1897, affirming a judgment in favor of plaintiff entered ■upon a verdict, and an order denying a motion for a new trial. This was an action to recover damages for a personal injury alleged to have been caused by the negligence of defendants. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22,1897, affirming a judgment in favor of plaintiff entered ■upon a verdict, and an order denying a motion for a new trial. This was an action to recover damages for a personal injury alleged to have been caused by the negligence of defendants. The facts, so far as material, are stated in the opinion. Plaintiff and the captain were fellow-servants, and the plaintiff having been injured, as lie claims, by the act of the captain (his fellow-servant), cannot recover. (Bagley v.…
1Opinion of the Court
Parker, Ch. J.
The plaintiff was injured by the falling of a heavy tank, which was being unloaded from a lighter at 27ewark, 27ew Jersey. As the record comes to us it must be deemed established that the accident was due to the negligence of the captain of the lighter, and the question demanding decision by this court is: Are these defendants responsible for the conduct of the captain ?
The defendants were the owners of the lighter, but they claim that at the time of the accident and for some time prior thereto, she was in the possession of one Schoenewolf under a charter which gave to him the…
2Cited by14 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Stone v. Bigley Bros.New York Court of Appeals · 1955
- Sargent Paint Co. v. PetrovitzkyIndiana Court of Appeals · 1919
- Callahan v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1910
- Emmerich v. ThorleyAppellate Division of the Supreme Court of the State of New York · 1898
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