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O'Brien v. Luckenbach Steamship Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1932
236 App. Div. 826 (N.Y. App. Div. 1932)

Summary

In O'Brien v. Luckenbach S.S. Co., 293 F. 170; Davis v. Scroggins, 284 F. 760; Johnson v. Brick Coal Company, 276 Mo. l.c. 50, and other cases, there are holdings that justify the conclusion that plaintiff had the right to assume that defendant would not imperil his safety by permitting or causing the car upon which he was riding to be struck by other cars without notice or warning to him, and that he was under no duty to exercise care to discover dangers not ordinarily incident to the employment but which resulted from the employer's negligence.

Summary of this case from Vaughan v. Terminal Ry. Co.

Opinion

November, 1932.

Present — Finch, P.J., Martin, O'Malley, Sherman and Townley, JJ.


Orders affirmed, with ten dollars costs and disbursements. No opinion.


Summaries of

O'Brien v. Luckenbach Steamship Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1932
236 App. Div. 826 (N.Y. App. Div. 1932)

In O'Brien v. Luckenbach S.S. Co., 293 F. 170; Davis v. Scroggins, 284 F. 760; Johnson v. Brick Coal Company, 276 Mo. l.c. 50, and other cases, there are holdings that justify the conclusion that plaintiff had the right to assume that defendant would not imperil his safety by permitting or causing the car upon which he was riding to be struck by other cars without notice or warning to him, and that he was under no duty to exercise care to discover dangers not ordinarily incident to the employment but which resulted from the employer's negligence.

Summary of this case from Vaughan v. Terminal Ry. Co.
Case details for

O'Brien v. Luckenbach Steamship Company, Inc.

Case Details

Full title:ARTHUR O'BRIEN, Respondent, v. LUCKENBACH STEAMSHIP COMPANY, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 1932

Citations

236 App. Div. 826 (N.Y. App. Div. 1932)

Citing Cases

Roswall v. Grays Harbor Stevedore Co.

The following cases confirm the authorities above cited: O'Brien v. Luckenbach S.S. Co., 286 Fed. 301;…

Ziegler v. Alaska Packers' Ass'n

He does not assume any risks that are not known to him or that he could not with the exercise of reasonable…