McDonnell v. Oceanic Steam Navigation Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York.
1Opinion of the Court
COXE, Circuit Judge.
The facts are plain, simple and undisputed. The plaintiff’s intestate, a longshoreman who for six years had been ih the employ of the defendant, was killed by falling through a hatch on the defendant’s steamship Victorian because one of the covers (No. 6) on which he stepped gave way and precipitated him into the hold.
The hatch opening in question is about sixteen feet long and ten feet wide, surrounded by an iron coaming, one foot in height. An athwartship beam divides this opening in the middle, which is again divided by fore and aft beams, one end of these beams resting…
2Cases cited4 opinions
- De Graff v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Hayward v. KeyCourt of Appeals for the Second Circuit · 1905
- Preston v. Ocean Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Crosby v. Lehigh Valley R. Co.Court of Appeals for the Second Circuit · 1905
3Cited by9 opinions
- Fraser v. Smith & Kelly Co.Supreme Court of Georgia · 1911
- Swayne & Hoyt, Inc. v. BarschCourt of Appeals for the Ninth Circuit · 1915
- Lindstrom v. Mutual Steamship Co.Supreme Court of Minnesota · 1916
- Wholey v. British & Foreign S. S. Co.District Court, E.D. New York · 1908
- Wholy v. British & Foreign S. S. Co.Court of Appeals for the Second Circuit · 1909
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