Johnson v. Indies Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Indies Navigation Company, 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 or about the 22d day of December, 1921, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on or about the 27th day of December, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kelly, J.:
The plaintiff, a shore servant of the defendant corporation, has recovered a judgment against his employer for damages resulting *605from a fall through an unguarded hatchway on a vessel lying alongside defendant’s dock and undergoing alterations and repairs. Plaintiff claims that he was lawfully on the vessel, and that owing to a lack of light he fell into the hatchway. The defendant’s witnesses testified that plaintiff went on board the vessel simply to gratify his curiosity. One of the men working on the ship had fallen down the hatchway, and had been brought up out of the hold to…
2Cases cited4 opinions
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Rooney v. . Brogan Construction Co.New York Court of Appeals · 1909
- Felcin v. Society of New York HospitalAppellate Division of the Supreme Court of the State of New York · 1913
- Bishop v. Atlantic Stevedoring Co.Appellate Division of the Supreme Court of the State of New York · 1921