Gillen v. McAllister
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Gillen, from á judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Kings on the 10th day of December, 1903, upon the dismissal of the complaint by direction of the court aftér a trial at the Kings County Trial Term.
1Opinion of the Court
Willard Bartlett, J.:
The complaint in this action’ alleges that the defendants were copartners, engaged in- operating steam derricks in and about New Fork harbor; that on the 3d day of July, 1901, the plaintiff was *311•employed on one of the defendants’ lighters, loading barrels of oil from a dock in Hoboken, N. J., upon said lighter by means of a hoist operated by a stationary steam engine; that the defendants negligently and carelessly employed a person wholly incompetent .and unskillful in the operation of such stationary steam engine; that in the prosecution of the defendants’ business said…
2Cases cited3 opinions
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Park v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900