Leone v. Booth Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Booth Steamship Company, Ltd., 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 4th day of February, 1919, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 14th day of February, 1919, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Booth Steamship Company, Ltd., 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 4th day of February, 1919, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 14th day of February, 1919, denying defendant’s motion for a new trial made upon the minutes. The plaintiff, respondent, was employed as an able seaman on board the steamship Boniface, owned by defendant, and on February 4, 1916, three days after she sailed from New York, while he was…
1Opinion of the Court
Kelly, J.:
We all agree that upon the evidence in the record the learned trial justice erred in submitting to the jury the question whether the defendant was hable for negligence because those in charge of the ship did not send the plaintiff to a hospital at Barbadoes, or at one of the ports in South America at which the vessel called. There is nothing in the case to show that if *192plaintiff had been sent ashore he would have or should have received other or different treatment from that given him by the ship’s doctor. The evidence as to the location of hospitals at Barbadoes or the other ports…
2Cases cited8 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- O'Brien v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Allan v. State Steamship Co.New York Court of Appeals · 1892
- Field v. Empire Case Goods Co.Appellate Division of the Supreme Court of the State of New York · 1917
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3Cited by3 opinions
- James v. GrigsbySupreme Court of Kansas · 1923
- Keep v. WhiteAppellate Division of the Supreme Court of the State of New York · 1921
- Falk v. ThurlowNew York Supreme Court · 1921