Legal Opinion
De Coss v. Turner & Blanchard, Inc.
New York Court of Appeals
Decided April 17, 1935PublishedCited by 15 opinions
1Opinion of the CourtLehman, J.
The complaint in a negligence action has been dismissed on the ground that a prior action in the Federal court to recover for the same injuries has been dismissed on the merits and constitutes res adjudicata. in this action.
The complaint sufficiently alleges a cause of action under, the Jones Act (38 U. S. Stat. 1185; 41 U. S. Stat. 1007) for injuries sustained by the plaintiff while acting- as a longshoreman loading a vessel. The defendant is the plaintiff’s employer. The negligence alleged is that fellow-workmen in the same employ negligently handled a metal hook, causing the said hook to…
2Cases cited4 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Luce v. New York, Chicago and St. Louis Railroad Co.New York Court of Appeals · 1926
3Cited by15 opinions
- James W. Herendeen v. Champion International CorporationCourt of Appeals for the Second Circuit · 1975
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Maflo Holding Corp. v. S. J. Blume, Inc.New York Court of Appeals · 1955
- Weston Funding Corp. v. Lafayette Towers, Inc.District Court, S.D. New York · 1976
- City of Rye v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1969
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