Dair v. New York & Porto Rico Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Dair, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 30th day of July, 1909, upon an order of the court setting aside the verdict of a jury in plaintiff’s favor for $3,500 and dismissing the complaint, with notice of an intention to bring up for review an order entered in said clerk’s office on the 27th day of August, 1909, upon which the judgment was entered.
1Opinion of the Court
Rich, J.:
The defendant was engaged in loading one of its vessels at a pier in the East river with corrugated iron put up in bundles weighing about 200 pounds each.. It required eighteen.men to properly and safely perform the work of loading this vessel, eight of whom were placed in the hold to receive and store the cargo ; two on deck, the gangway man and the winchman, one, the hatch foreman, between the deck and the hold, and the other seven on the lighter, to get the cargo to the vessel. It was necessary to divide the eight men placed in the hold into two gangs of four men each, each of…
2Cases cited2 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- O'Connall v. Thompson-Starrett Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Lawrence v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981