Kindell v. Franklin Sugar Refining Co.

Opinion by

Mr. Justice Walling,

The Paloma, a ship of the Munson Steamship Line, brought to Philadelphia a cargo of sugar in bags for the Franklin Sugar Refining Company, defendant, and while the latter, acting as stevedore, was transferring the cargo from the ship to the dock on March 21, 1922, David S. Kindell was fatally hurt by the fall of a derrick. After bringing this suit, based on the alleged negligence of defendant, Kindell died'and his executrix was substituted as plaintiff. The trial resulted in a verdict and judgment for plaintiff and defendant has appealed.

Errors assigned raised…