Toohey v. Ocean Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by James Toohey against the Ocean Steamship Company of Savannah. Judgment dismissing plaintiff’s complaint at the close of his proof, and he appeals. Affirmed.
1Opinion of the CourtHatch, J.
The action is brought to recover damages for a negligent omission upon the part of the defendant to furnish for the plaintiff a safe place in which to perform the work devolved upon him, by rea*568son of which he was injured. The plaintiff was employed as a stevedore in unloading the steamship Tallahassee at or near pier 35 in the North river, in the city of New York. The vessel was loaded with bales of cotton, hogsheads of pipe clay, pieces of timber, and lumber. In the compartment between decks after the blind hatch were piled along the side of the ship pieces of 8x8 or 8x10 timber, 20 to 25…
2Cases cited6 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Perry v. . RogersNew York Court of Appeals · 1898
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1896
- Foley v. Brooklyn Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Thornton v. HoganAppellate Division of the Supreme Court of the State of New York · 1903
- Thornton v. HoganAppellate Division of the Supreme Court of the State of New York · 1903