Eldridge v. Atlas Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an. action for negligence, in that plaintiff, a sailor in the employ of defendant upon its ship, while in obedience to orders he was operating its which—an alleged unsafe machine—had his hand caught in the cog-wheels thereof, and the ends of four fingers taken off. November 9, 1886, plaintiff at New York engaged as an…
1Opinion of the CourtLandon, J.
In view of the verdict and the instructions of the trial court, we assume that the plaintiff knew that the winch could not be operated without risk of danger to himself, but was constrained to obey the order given him by his superior to operate it, because he knew that disobedience would result in his punishment, that he, therefore, did operate it and because of its known defects of construction was injured, notwithstanding his exercise of reasonable care to avoid injury.
The defendant insists that the commana to operate this dangerous winch was not lawful, and, therefore, plaintiff might…
2Cases cited1 opinion
- The " Scotland"Supreme Court of the United States · 1882
3Cited by9 opinions
- Lynott v. Great Lakes Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- South Atlantic Steamship Co. v. MunkacsySupreme Court of Delaware · 1936
- Craig v. The SaratogaDistrict Court, E.D. New York · 1898
- Knisley v. PrattNew York Supreme Court · 1894
- Malukas v. Overseas Shipping Co.Appellate Division of the Supreme Court of the State of New York · 1921
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