O'Connell v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John T, Clark and William Clark, 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 19th day of December, 1895, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 20th day of December, 1895, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is between master and servant. The case is somewhat novel in its facts, but the principles which control its disposition have been many times stated. Plaintiff was employed as a longshoreman, and at the timé of the injury complained of he was engaged in assisting in the removal from a vessel of a cargo of jute, and had been so engaged for about three weeks. His employment called him to remove the bales of jute from the tiers, as they were stowed in the hold of the vessel, and place them in slings, for lifting to the deck above. The bales were about four feet long and…
2Cases cited2 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Collins v. CrimminsThe Superior Court of New York City · 1895
3Cited by6 opinions
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- Foley v. Brooklyn Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Toohey v. Ocean Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Foley v. Brooklyn Gaslight Co.Appellate Division of the Supreme Court of the State of New York · 1896
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1902
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