Toohey v. Ocean Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Toohey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of; the county of New York on the 22d day of January, 1902, upon the dismissal of the complaint by direction of the court, at the close of the plaintiff’s case, upon a trial at the New York Trial Term.
1Opinion of the Court
Hatch, J. :
The action is brought to recover damages for a negligent omission upon the part of the defendant to furnish for the plaintiff a safe place in which to perform the work devolved upon him, by reason of which he was injured. The plaintiff was employed as a stevedore in unloading the steamship Tallahassee at or near pier 35 in the North river in the city of New York. The vessel was loaded with bales of cotton, hogsheads of pipe clay, pieces of timber and lumber. In the compartment between decks, after the blind hatch, were piled along the side of the ship pieces of eight by eight or…
2Cases cited3 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Perry v. . RogersNew York Court of Appeals · 1898
- Foley v. Brooklyn Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Thornton v. HoganAppellate Division of the Supreme Court of the State of New York · 1903