Legal Opinion

Olsen v. Starin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899Published

Appeal by the plaintiff, Andrew Olsen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 30th day of March,. 1899, upon the dismissal of the complaint by direction of the court-after a trial before the court and a jury at the Richmond Trial Term, and also-from an order entered in said clerk’s office on the 28th day of March, 1899, denying the plaintiff’s motion to set aside the direction…

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Appeal by the plaintiff, Andrew Olsen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 30th day of March,. 1899, upon the dismissal of the complaint by direction of the court-after a trial before the court and a jury at the Richmond Trial Term, and also-from an order entered in said clerk’s office on the 28th day of March, 1899, denying the plaintiff’s motion to set aside the direction -dismissing the complaint and for a new trial.

1Opinion of the Court

Cullen, J.:

The action is to recover damages for personal injuries alleged to have been inflicted by the negligence of the defendant, in whose employ .the plaintiff was at the time. The defendant maintained a shipyard. A bark lay at a pier in the yard, loaded with lumber, consigned and to be delivered to the defendant. The following was .the method of unloading the vessel : The lumber was hauled through a port or opening in the bark by a rope or tackle, the power being supplied by a steam winch in defendant’s yard. The line did not lead in a straight course from the vessel to the winch, but to…

2Cases cited1 opinion

  1. Luhrs v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897

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