Cook v. President of the New York Floating Dry Dock Co.
New York Court of Common Pleas
Appeal by plaintiff from an order granting a new trial. This was an action brought to recover damages for injuries to the person of the plaintiff, occasioned by the falling of a staging. George Law, one of the owners of the steamer Ohio, employed the firm of Simonson & Lugar lo repair that steamer, and hired tiie dock of the defendants for that purpose.
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Appeal by plaintiff from an order granting a new trial. This was an action brought to recover damages for injuries to the person of the plaintiff, occasioned by the falling of a staging. George Law, one of the owners of the steamer Ohio, employed the firm of Simonson & Lugar lo repair that steamer, and hired tiie dock of the defendants for that purpose. The business of the defendants is simply to raise vessels from the water, for the purpose of being repaired, and lower them again when the repairs are completed. They make no repairs themselves. The Ohio was raised in January, 1851. Simonson &…
1Opinion of the Court
INGRAHAM, First Judge.
The defendants, being the owners of the Dry Dock, were employed by the owner of the steamer Ohio to raise her, for the purpose of having repairs done to her. After she was so raised, the owners employed Simonson & Lugar to repair the steamer. Simonson & Lugar made a contract with another person to put up the staging lor that purpose. The plaintiff was in the employ of Simonson & Lugar, and while so employed by them in doing the repairs upon the staging, it fell, and the plaintiff sustained the injury for which this action was brought. The evidence showed that the injury…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Blunt v. AikinNew York Supreme Court · 1836
- Burckle v. New-York Dry-Dock Co.The Superior Court of New York City · 1829
3Cited by10 opinions
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Cathey v. . Construction Co.Supreme Court of North Carolina · 1940
- Lampert v. Laclede Gas-Light Co.Missouri Court of Appeals · 1883
- Cathey v. Southeastern Construction Co.Supreme Court of North Carolina · 1940
- Haulenbeek v. HuntAppellate Division of the Supreme Court of the State of New York · 1900
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