Smith v. Luckenbach
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the plaintiff, Mary Smith, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 28th day of February, 1912, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term. (See 153 App. Div. 912.)
1Opinion of the Court
Jenks, P. J.:
This action is for negligence, and the appeal is from a judgment that dismissed the plaintiff at the close of her case. The plaintiff’s intestate, a stevedore, was killed when at work in the defendants’ ship. As he stood upon a starboard hatch plank and attempted to remove a port hatch plank, this starboard hatch plank gave way and carried the intestate down into the hold. The construction of the hatch included a wooden fore and aft piece which, extended lengthways with the ship. There were rims or rabbets in the piece as well as around the sides of the hatch, and the hatch…
2Cases cited1 opinion
- Connors v. King Line, LimitedAppellate Division of the Supreme Court of the State of New York · 1904