Ivers v. Minnesota Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Minnesota Dock Company, from a judgment of the Supreme Court in favor of- the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of December, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 2d day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Minnesota Dock Company, from a judgment of the Supreme Court in favor of- the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of December, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 2d day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 1st day of August, 1901, to-recover damages for injuries sustained by the plaintiff while in defendant’s employ, alleged to have been caused through the;…
1Opinion of the Court
McLennan, J.:
At about eight o’clock on the. evening of the 8th day of August,; 1899, the plaintiff, as was his custom, commenced to assist in unloading ore'from a boat upon defendant’s dock in the city of Buffalo,. N. T. At that, time it was dark. He continued working until, between two and three o’clock in the morning, when an accident", occurred and he sustained the. injuries for which he seeks to recover.
The method of unloading boats adopted by the defendant was to-lower a bucket attached to the arm of a derrick operated by steam - into the hold of the boat; when filled raise it clear from…
2Cases cited2 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Moore v. McNeilAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Babcock v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Conyes v. Oceanic Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1909