Moran v. Munson Steamship Line
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Munson Steamship Line, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rings on the 22d day of May, 1902, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 26th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
I think that the plaintiff has not made out a case. The action is by a servant against his master for negligence. The plaintiff, a longshore*490man, while working at a hatchway of defendant’s ship, was struck by a falling spar called a Burton spar, a contrivance used and then in use in the work of unloading a ship of the defendant. The' complaint is that the defendant failed to supply suitable means and appliances for the plaintiff’s work, negligently erected the spar.and the derrick to which it was attached, provided defective appliances for securing the same, and was otherwise…
2Cases cited6 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
- Fink v. SladeAppellate Division of the Supreme Court of the State of New York · 1901
- Yaw v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by1 opinion
- Griffin v. FlankAppellate Terms of the Supreme Court of New York · 1905