Courtney v. Baker
The Superior Court of New York City
This action was brought to recover damages for a personal injury, alleged to have been sustained by the plaintiff, in consequence of the negligence of one of the defendant’s servants, while engaged in removing cotton from the defendants’ pier, No. 12 East River. The evidence shows that the defendants were the proprietors of the Merchants’ Steamship Line, and were engaged in carrying merchandise between New Orleans and New York.
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This action was brought to recover damages for a personal injury, alleged to have been sustained by the plaintiff, in consequence of the negligence of one of the defendant’s servants, while engaged in removing cotton from the defendants’ pier, No. 12 East River. The evidence shows that the defendants were the proprietors of the Merchants’ Steamship Line, and were engaged in carrying merchandise between New Orleans and New York. They had unloaded on the dock at pier No. 12, a large number of bales of cotton, consigned to Dennis Perkins, and others. The cotton of Perkins had been separated by…
1Opinion of the Court
By the Court.—Van Vorst, J.
This case has been twice tried. On the first trial, the plaintiff was non-suited at the close of his evidence, on the ground that he had failed to connect the defendants with the occurrence through which his injury was sustained. That there was nothing to show that Hand was acting in *252the course or within the scope of his employment when the injury was done.
On an appeal to the general term, the judgment was reversed, and a new trial ordered. The general term holding, Barbour, Oh. J., delivering the opinion of the court, that ‘ ‘ upon the evidence, which was wholly…
2Cases cited4 opinions
- Mali v. . LordNew York Court of Appeals · 1868
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Vanderbilt v. . the Richmond Turnpike CompanyNew York Court of Appeals · 1849
- Binghamton Civil Service Forum v. City of BinghamtonNew York Court of Appeals · 1978