Claim of Driscoll v. Henry Gillen & Sons, Lighterage, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry Gillen & Sons, Lighterage, Inc., and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 31st day of July, 1918. Award affirmed. All concurred, except H. T. Kellogg, J., dissenting, with an opinion in which Woodward, J., concurred.
1Opinion of the Court
H. T. Kellogg, J. (dissenting):
The deceased was captain of the lighter Harry, which lay alongside the lighter Greenpoint in the East river at pier 22 in Brooklyn. The Harry was hooked fore and aft to the Greenpoint, about two feet therefrom, and the Greenpoint was secured to the pier, separated from it a similar distance. At six in the morning of December 31, 1917, the deceased left his home in Brooklyn to go to his boat, taking with him bis breakfast and lunch, for he intended to spend the day and night thereon. *909At about six that night he was seen going to a cafe a block and a half from his…
2Cases cited2 opinions
- Matter of Belcher v. . Carthage Machine Co.New York Court of Appeals · 1918
- Claim of Manor v. PenningtonAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by6 opinions
- Claim of Sztorc v. James H. Stansbury, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- Claim of Donlon v. Kips Bay Brewing & Malting Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Claim of Sabatelli v. De RobertisAppellate Division of the Supreme Court of the State of New York · 1920
- Claim of Smith v. A. M. Oesterheld & SonAppellate Division of the Supreme Court of the State of New York · 1919
- Claim of Ross v. HowiesonAppellate Division of the Supreme Court of the State of New York · 1921
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