McCabe v. Carter & Weekes Stevedoring Co.

Headnote

McCabe v. Carter & Weekes Stevedoring Co., 159 App. Div. 361 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 6,1914, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. The defendant, who is in the stevedoring business, was engaged in loading a ship. The plaintiff’s intestate was in the employ of the defendant, and, while at work in the hold of the ship, was struck by a cross hatch beam, which fell from the lower deck, causing instant death. The complaint alleges that the injuries and death of plaintiff’s intestate were caused solely by reason of the defendant’s failure to provide the plaintiff’s intestate with a safe and suitable place to work, with safe and proper ways, works and machinery, by the negligence and carelessness of defendant’s agents, by reason of the defendant’s failure to provide proper inspection of the cross hatch beams, and that the defendant knowingly permitted the said cross hatch beams to remain in

their sockets without having heen securely or properly fastened.