Legal Opinion
December v. Victory Carriers, Inc.
New York Supreme Court
Decided January 23, 1957Published
1Opinion of the CourtWalter R. Hart, J.
In an action for personal injuries the fourth-party defendant moves to dismiss the fourth-party complaint for legal insufficiency pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.
Plaintiff, a longshoreman who was employed by the fourth-party defendant, instituted this action against the defendant Victory Carriers, the owner of the ship on which the alleged accident took place, charging that defendant with negligence, in that it failed to provide a safe place to work on an unseaworthy vessel and maintained a fence on board the ship in a reckless manner and permitted a board…
2Cases cited4 opinions
- Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
- Latham v. Father DivineNew York Court of Appeals · 1949
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Schoenfeld v. Four Leaf Clover Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1948