The Gladestry
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, in favor of libelant for damages from personal injuries. 124 Fed. 112. The libelant was engaged as a stevedore, working in the employ of the firm of Wilson & Irvine, in discharging a cargo of logs from hatch No. 4 of the steamship G-ladestry.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, in favor of libelant for damages from personal injuries. 124 Fed. 112. The libelant was engaged as a stevedore, working in the employ of the firm of Wilson & Irvine, in discharging a cargo of logs from hatch No. 4 of the steamship G-ladestry. The winch which was used in connection with the work was furnished by the ship and run by one of her •crew. It was charged that the winclunan was negligent in that,…
1Opinion of the Court
EACOMBE, Circuit Judge.
The libelant, the gangwayman, and a fellow workman all testified to the winchman’s failure to obey the order given. The latter testifies that he conformed to whatever order he received. The cause was tried before the District Judge, who saw all the witnesses, and his findings of fact will be followed here.
It is contended that the winchman was a fellow servant .with the libelant. There was a similar contention in The S. S. Slingsby, 120 Fed. 748, 57 C. C. A. 52, where the point was quite fully discussed, and the conclusion reached that upon the facts of that case the…
2Cases cited1 opinion
- The SlingsbyCourt of Appeals for the Second Circuit · 1903
3Cited by8 opinions
- Westover v. HooverNebraska Supreme Court · 1911
- Western Union Telegraph Co. v. RustCourt of Appeals of Texas · 1909
- The HowellCourt of Appeals for the Second Circuit · 1921
- The EltonDistrict Court, E.D. Pennsylvania · 1904
- Stevenson v. The Steamship BovericDistrict Court, D. Alaska · 1907
3 more not listed; retrieve them via the Exa API.