Butler v. . Townsend
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 May 12, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages, for alleged negligence causing the death of John Butler, plaintiff’s intestate, who was a ship caulker in the employ of defendants.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages, for alleged negligence causing the death of John Butler, plaintiff’s intestate, who was a ship caulker in the employ of defendants. It appeared that said Butler’s death was caused by the breaking of a plank, forming part of the staging erected around the hull of a vessel upon which he was at work. _ The further material facts are stated in the…
1Opinion of the CourtFinch, J.
The evidence in this case shows that the process of repairing the exterior hull of a vessel placed in a dry-dock for that purpose requires the skill and labor* of at least two classes of workmen, known in the business as “ lumpers ” and “ caulkers.” The duty of the former is said to he to erect the staging around the vessel, grave the vessel and put on the felting if necessary and run the metal; and when this Avork is done that of the caulkers follows. The lumpers consist of eight or more men knoAvn as the “ lump gang,” one of whom acts as their foreman. There were two of these “ gangs ” in…
2Cases cited6 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Slater v. . MersereauNew York Court of Appeals · 1876
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Svenson v. . Atlantic Mail Steamship Co.New York Court of Appeals · 1874
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3Cited by103 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
98 more not listed; retrieve them via the Exa API.