Legal Opinion

Buckley v. Cunard Steamship Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 1931PublishedCited by 4 opinions

1Opinion of the CourtO’Malley, J.

Plaintiff, a longshoreman, was injured while employed by the defendant in the work of loading one of its vessels. He seeks to hold the defendant habile upon the theory that it failed to furnish him a “ safe place ” in which to work. The defense was predicated upon the claim that the place of work was originally safe and that the danger, if any, arose in the course of the plaintiff’s employment and as an incident to the prosecution *362of the work. The defendant also seeks to avail itself of the doctrine of assumption of risk.

At the close of the plaintiff’s evidence the defendant’s contentions…

2Cases cited5 opinions

  1. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  2. Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904
  3. Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
  4. Babcock v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1924
  5. Blosky v. Overseas Shipping Co.Appellate Division of the Supreme Court of the State of New York · 1927

3Cited by4 opinions

  1. Gambon v. City of New YorkNew York Supreme Court · 1934
  2. La Guerra v. BrasileiroDistrict Court, E.D. New York · 1941
  3. Arbegast v. Board of EducationNew York Court of Appeals · 1985
  4. Verduce v. Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1959

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