Bishop v. Atlantic Stevedoring Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supremo Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 9th day of May, 1921, and also from an order entered in said clerk’s office on the same day, denying a motion to set aside the verdict and for a new trial.
1Per curiam
We think the evidence presented a question of fact whether defendant was guilty of negligence in failing to cover or protect the unused open hatch, especially in view of the request for that safeguard made by one of the fellow-workers of the decedent. A question of fact was also presented as to the negligence of the foreman in directing decedent to dislodge or remove the heavy truck from the obstructing stanchion without shutting off the steam. The evidence justified the verdict of the jury that the defendant was negligent in one or both of these particulars. The defendant asked the trial…
2Cases cited2 opinions
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Felcin v. Society of New York HospitalAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Johnson v. Indies Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1922