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Hogan v. Smith

Court of Appeals of the State of New York
Feb 24, 1891
125 N.Y. 774 (N.Y. 1891)

Summary

In Hogan v. Smith (125 N.Y. 774) the plaintiff's intestate, while engaged with others in loading a vessel, was struck by one of the descending loads and killed by falling into the hold. If the plank upon which he stood at the time had been laid in the usual manner his life would have been saved.

Summary of this case from Page v. Naughton

Opinion

Argued February 5, 1891

Decided February 24, 1891

Esek Cowen for appellant. Daniel P. Hays for respondent.


FINCH, J., reads for reversal and new trial.

All concur, except RUGER, Ch. J., not voting.

Judgment reversed.


Summaries of

Hogan v. Smith

Court of Appeals of the State of New York
Feb 24, 1891
125 N.Y. 774 (N.Y. 1891)

In Hogan v. Smith (125 N.Y. 774) the plaintiff's intestate, while engaged with others in loading a vessel, was struck by one of the descending loads and killed by falling into the hold. If the plank upon which he stood at the time had been laid in the usual manner his life would have been saved.

Summary of this case from Page v. Naughton

In Hogan v. Smith, 125 N.Y. 774, the court said: "But the place which the master furnished was the ship itself, constructed in the usual way, and which became unsafe, not by reason of any careless or negligent plan or manner of construction, * * * but solely from the way in which the longshoremen did their work."

Summary of this case from Geoghegan v. Atlas Steamship Co.
Case details for

Hogan v. Smith

Case Details

Full title:KATE HOGAN, as Administratrix, etc., Respondent, v . ALLAN C. SMITH…

Court:Court of Appeals of the State of New York

Date published: Feb 24, 1891

Citations

125 N.Y. 774 (N.Y. 1891)
26 N.E. 743

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