Legal Opinion

McDermot v. Brooklyn City Railroad

New York Supreme Court

Decided December 10, 1894PublishedCited by 10 opinions

Appeal from circuit court, Kings county. Action by Patrick McDermot against the Brooklyn City Railroad Company for personal injuries. From a judgment entered on k verdict in favor of plaintiff, defendant appeals.

1Opinion of the CourtDykman, J.

It is the claim of the plaintiff that he has sustained serious personal injuries by reason of the negligence of the defendant, while he was in the service of that company, assisting in unloading stone from a scow. It appears from the testimony that the stones were in the hold of the scow, and, for the purpose of unloading them, they were placed in buckets, which, when filled, were raised by a rope suspended from the boom of a derrick, which was standing on the dock near the boat. When the buckets were raised to a sufficient height, they were swung over a wagon standing alongside of the boat…

2Cited by10 opinions

  1. Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909
  2. Gately-Haire Co. v. . Niagara Fire Ins. Co.New York Court of Appeals · 1917
  3. Schwarzschild & Sulzberger Co. v. Phœnix InsuranceCourt of Appeals for the Second Circuit · 1903
  4. Walthear v. Pennsylvania Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  5. Hartford Fire Insurance v. StephensArizona Supreme Court · 1916

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