Dewhurst v. Robins Dry Dock and Repair Company
Mary Dewhurst, as Administratrix of the Estate of Thomas Dewhurst, Deceased, Respondent, v. Robins Dry Dock and Repair Company, Appellant
Dewhurst v. Robins Dry Dock & Repair Co., 119 N.E. 1038 (N.Y. 1918)
Summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 3, 1916, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action, under the Employers’ Liability Act, to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant, his employer. The injuries resulting in the death of intestate were caused by an explosion and fire which occurred in the wheel house of an oil barge undergoing repairs in defendant’s dry dock at the foot of Beard street, Brooklyn. Plaintiff claimed that the explosion was the result of an order or direction given by a foreman, for whose negligence in giving the order the defendant was responsible.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ. Not sitting: His cock, Ch. J.
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