Kennedy v. John N. Robins Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Kennedy, from a judgment of the Supreme Courj; in favor of the defendant, entered in the office of the clerk of the county of Kings on the 2d day of April, 1912, upon the dismissal of the complaint by direction of the . court at the close of plaintiff’s case on a trial at the Kings County Trial Term. 1
1Opinion of the Court
Jenks, P. J.:
The action is brought for negligence, by servant against' master, and the former appeals from the judgment entered upon his dismissal at the close of his evidence. The servant, an experienced laborer, was ordered to go to the hold of a ship, in drydock at the master’s shipyard, to clean the tops of ballast or water tanks. He and his fellows descended a hatch by a ladder from the upper deck to the top of the shaft alley, a sort óf tunnel. That top was eight feet above the top of the tanks. Access therefrom to the hold, as the plaintiff well knew, was afforded, by Certain grab…
2Cases cited4 opinions
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Link v. . SheldonNew York Court of Appeals · 1892
- Kern v. DeCastro & Donner Sugar Refining Co.New York Court of Appeals · 1890
- White v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Novak v. MelnykAppellate Division of the Supreme Court of the State of New York · 1928
- Fischer v. W. C. Ritchie & Co.Appellate Division of the Supreme Court of the State of New York · 1916