Foley v. Brooklyn Gaslight Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Michael Foley against the Brooklyn Gaslight Company to recover damages for personal injuries sustained by plaintiff while employed by defendant to assist in unloading a ship.
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Appeal from trial term, Kings county. Action by Michael Foley against the Brooklyn Gaslight Company to recover damages for personal injuries sustained by plaintiff while employed by defendant to assist in unloading a ship. The action was brought in the city court of Brooklyn and being still pending on January 1, 1896, was transferred to the supreme court by the constitution of 1895. From a judgment entered on a verdict in favor of plaintiff for $2,250, besides costs, and from an order denying motion for a new trial defendant appeals.
1Opinion of the CourtHatch, J.
—Practically, there is no disputed question of fact in this case. It appeared that plaintiff was employed with others in unloading a vessel laden with a cargo of coal. He was perfectly familiar with the work and the method of unloading, having been employed in similar work by the defendant for upward of 20 years. The coal was shoveled into buckets, which were raised. and lowered into the hold of the vessel by means of a hoisting apparatus. The coal was removed from various parts of the vessel, and as the depth in the hold became greater the men ascended— when they had occasion—to the deck by…
2Cases cited2 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1896