Dair v. New York & Porto Rico Steamship Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 29, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 29, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant having furnished a sufficient number of men to do the .work, any error of judgment eleven negligence on the part of the foreman of this gang working at hatch No. 3 in distributing the members of his gang to their respective stations…
1Opinion of the CourtGray, J.
This is a common-law action to recover damages of the defendant for personal injuries sustained hy the plaintiff, while in its employment as a stevedore. A vessel of the defendant was being loaded with a cargo of corrugated iron and the particular negligence charged in the complaint was the failure to provide sufficient and competent men for the work. The case was submitted to the jury upon the question whether there had been a neglect of a duty on the part of the defendant to furnish a sufficiency of fellow-workmen to do the work, to which the plaintiff had been assigned. The question of the…
2Cases cited4 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Hussey v. . CogerNew York Court of Appeals · 1889
- Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Besel v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
3Cited by9 opinions
- Jones v. Ripley Stave Co.Supreme Court of Alabama · 1919
- Lawrence v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Di Giosia v. Kerbaugh, Inc.Supreme Court of Pennsylvania · 1916
- Skidmore v. RosenblattAppellate Division of the Supreme Court of the State of New York · 1939
- Dobson v. Bay Ridge Operating Co.Appellate Division of the Supreme Court of the State of New York · 1924
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