Fitzgerald v. Harbor Lighterage Co.
New York Court of Appeals
1Opinion of the CourtCardozo, J.
Plaintiff was injured on a vessel while working as a stevedore in navigable waters. He complains that the negligence of the defendant, his employer, was the cause of his misfortune. The question is whether by contract or election following the injury the remedy under the maritime law has been displaced, and a new remedy established.
On the day of the accident, June 29, 1922, plaintiff gave written notice of his injury to the Industrial Commissioner and filed a claim for compensation for the resulting disability. On August 11, 1922, there was filed with the Commissioner a notice by the employer…
2Cases cited10 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Grant Smith-Porter Ship Co. v. RohdeSupreme Court of the United States · 1922
- International Stevedoring Co. v. HavertySupreme Court of the United States · 1926
- Millers' Indemnity Underwriters v. BraudSupreme Court of the United States · 1926
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
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3Cited by19 opinions
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
- O'Brien v. LodiNew York Court of Appeals · 1927
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Doca v. Federal Stevedoring Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Meaney v. KeatingNew York Supreme Court · 1951
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