Gardner v. Hines
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walker D. Hines, 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 8th day of May, 1919, upon the verdict of a jury for $21,500, and also from an order entered in said clerk’s office on the 7th day of May, 1919, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Walker D. Hines, 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 8th day of May, 1919, upon the verdict of a jury for $21,500, and also from an order entered in said clerk’s office on the 7th day of May, 1919, denying defendant’s motion for a new trial made upon the minutes. The original complaint named the New York Central Railroad Company as defendant, as owner both of the covered barge called the Ansonia, and of the harbor tug No. 17, which were alleged at the time as engaged in…
1Opinion of the Court
Putnam, J.:
Where a barge with tug is engaged in transporting cargo from New York city to the West Shore piers at Weehawken, N. J., and is actually in course of that voyage, the owner is engaged in interstate commerce. The proof here also brings within the protection of the Federal Employers’ Liability Act (35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143) the barge captain’s acts when in the course of the voyage he passed to and from the tug alongside, in taking coal for his barge galley. As the statute allows a recovery if the accident was caused in part from…
2Cases cited1 opinion
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916