Malukas v. Overseas Shipping Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Overseas Shipping Company, Inc., 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 3d day of November, 1920, on the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
Plaintiff, a longshoreman, not a seaman, was loading steel billets upon an outward-bound steamer at Hoboken in March, 1918, during the war. Defendant as employer is sued for personal injuries from defects in a truck in having a bent axle. It was to carry heavy steel billets from the hatch to the stowage in the lower betweendecks. After testimony that this defect had been complained of to defendant’s representa*225tive, who. told the men that it was all right and to go on, and that later the truck tipped over, letting the billets strike plaintiff, the issues of negligence, contributory…
2Cases cited2 opinions
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Eldridge v. Atlas Steamship Co.New York Court of Appeals · 1892
3Cited by3 opinions
- Lynott v. Great Lakes Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Arce v. Lamport & Holt, Ltd.Appellate Division of the Supreme Court of the State of New York · 1928
- Maeurer v. Morse Dry Dock & Repair Co.Appellate Division of the Supreme Court of the State of New York · 1921