Kilroy v. President, Managers & Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 20, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff in unloading a cargo of coal from one of defendant’s canal boats.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 20, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff in unloading a cargo of coal from one of defendant’s canal boats. It appeared that the coal had been sold and was consigned to Hirsch Bros.; it was being unloaded by a stevedore employed by that firm at a wharf in Eew York city. The captain…
1Opinion of the CourtFinch, J.
The negligence which occasioned the injury to-plaintiff was that of a boy temporarily put in charge of the-guy-rope by the captain of the boat, who thereby became chargeable with the carelessness of his substitute. But,, whether the captain, in managing the guy, and entrusting it to Logan, is to be deemed the servant, and engaged in the-business of the boat owner, by whom he was employed and paid, or of the stevedore, who was unloading the cargo under an employment by its purchaser, remains as the important question to be decided.
The facts, bearing upon the inquiry, are substantially…
2Cases cited1 opinion
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
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