Dugan v. American Transfer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eobert P. Dugan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Eichmond on the 2 Ah day of November, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury at the Eichmond Trial Term. The action was one at common law for negligence.
1Opinion of the Court
Putnam, J.:
Plaintiff, one of defendant’s truck drivers, had loaded some wooden cases upon his truck near the Bush Terminal warehouses. They were piled two tiers high, so that the back of the load had to be secured by two ropes leading from the side stanchions across the projecting ends at the tail of the truck. Plaintiff was on the left hind wheel, standing astride the rim, with his feet on the hub. As he was drawing tight the upper rope (about half an inch in diameter), which came against two corners of the cases, it parted and plaintiff fell and was injured.
He had driven this truck the day…
2Cases cited5 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Duhme v. . Hamburg-American Packet Co.New York Court of Appeals · 1906
- Pluckham v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Feingold v. Ocean Steamship Co. of SavannahAppellate Terms of the Supreme Court of New York · 1909
- Sweeney v. RozellAppellate Terms of the Supreme Court of New York · 1900
3Cited by12 opinions
- Patterson v. Pennsylvania R. Co. (United States, Third Party Defendant)Court of Appeals for the Second Circuit · 1952
- Welsh v. GibbonsSupreme Court of South Carolina · 1948
- Gimenes v. New York & Porto Rico S. S. Co.District Court, S.D. New York · 1929
- Duncan v. HammondNew York Supreme Court · 1959
- Scully v. Farragut Refrigeration Co.New York Supreme Court · 1955
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