Duggan v. Phelps
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Howard Phelps, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of June, 1902, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the 12th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jeeks, J.:
The action is by a servant, against a; master for negligence. The plaintiff, a longshoreman, hired by the defendant, who is a stevedore, was at work in the hold of a steamship stowing freight. His complaint is that he was struck on the head and injured by the fall of a heavy iron beam. This beam is known as a thwart ship beam. It runs crosswise of the hatchway and is removable. The rope conveying a load to the hold disturbed the beam so that it fell. The negligence charged is failure to secure the beam in its place.
It must be borne in mind that this beam was not an appliance of the…
2Cases cited9 opinions
- Renihan v. . DenninNew York Court of Appeals · 1886
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Griffiths v. Metropolitan Street Railway Co.New York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hethier v. JohnsAppellate Division of the Supreme Court of the State of New York · 1921
- Ferraro v. TerrenceAppellate Division of the Supreme Court of the State of New York · 1919