Madigan v. Oceanic Steam Navigation Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 17, 1903, which reversed an order of a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and directed judgment on the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence was uncontradicted that the defendant had done everything in its power to furnish lights.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 17, 1903, which reversed an order of a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and directed judgment on the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence was uncontradicted that the defendant had done everything in its power to furnish lights. It had provided them. They were in the steamer alongside, and were in charge of a competent man, who, in exercising his judgment, did.…
1Opinion of the CourtGray, J.
The plaintiff's husband was employed by the defendant as one of a gang of .stevedores and, while engaged upon the work of transferring coal from a barge into the steamship “ Oceanic,” he was killed. The plaintiff has sued to recover damages for his death ; charging that it was caused through the negligence of the defendant. The plaintiff obtained a verdict in her favor; but the trial court set it aside and ordered a new trial. The Appellate Division, reviewing this order upon an appeal, reversed it and directed judgment to be entered for the plaintiff, in accordance with the verdict rendered.…
2Cases cited2 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Kimmer v. . WeberNew York Court of Appeals · 1897
3Cited by20 opinions
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
- Dair v. New York & Porto Rico Steamship Co.New York Court of Appeals · 1912
- Foster v. . International Paper Co.New York Court of Appeals · 1905
- In re Tonawanda Iron & Steel Co.District Court, W.D. New York · 1916
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