Baum v. Morse Dry Dock & Repair Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morse Dry Dock and Repair Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of March, 1913, upon the verdict of a jury for $2,800, and also from an order denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 27th day of September, 1912, denying defendant’s motion to require plaintiff…
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Appeal by the defendant, Morse Dry Dock and Repair Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of March, 1913, upon the verdict of a jury for $2,800, and also from an order denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 27th day of September, 1912, denying defendant’s motion to require plaintiff to give security for costs. .
1Opinion of the Court
Burr, J.:
The material facts upon which this controversy depends are not disputed. On August 16, 1911, William Baum was in defendant’s employ. Upon that date there was a steamship in the dry dock under defendant’s control, which was being repaired by it. Its deck rose seventy or seventy-five feet above the floor of the dry dock. Between two and three o’clock in the afternoon of that day Baum was at work upon the floor in close proximity to the vessel’s side in sorting out bolts and spikes. To repair the deck of this vessel teak planks were used, about sixteen feet long, ten or twelve inches…
2Cases cited4 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- Lorenzo v. FaillaceAppellate Division of the Supreme Court of the State of New York · 1909
- Smiley v. FinucaneNew York Supreme Court · 1911
- Mills v. Nassau BankAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Oliva v. D'AmatoNew York Supreme Court · 1950
- Dauphin Deposit Trust Co. v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Supreme Court · 1960