Majority
p. 602William J. Connelly, Respondent, v. Morse Dry Dock and Repair Company, Appellant, Impleaded with Another. (Argued March 12, 1923; decided April 17, 1923.)
Headnote
Negligence — master and servant — action for injury from explosion arising through failure to drain oil tanks in ship upon which plaintiff was employed in making repairs.Connelly v. Morse Dry Bock & Repair Co., 204 App. Div. 836 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial
p. 603
department, entered November 3, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of defendant, his employer. Plaintiff, while at work on the repair of a vessel in defendant’s dry dock, was injured through an explosion which occurred, as alleged, by reason of defendant’s negligence in failing to properly drain certain oil tanks on the vessel before the commencement of repairs thereon.
Charles J. McDermott for appellant.
Harold B. Medina, Jacquin Frank and David M. Fink for respondent.
Judgment affirmed, with costs, on opinion in Danielsen v. Morse Dry Dock & Repair Co. ( 235 N. Y. 439 .)
Concur: His cock, Ch. J., Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ. Absent: Pound, J.
Cases cited
- Danielsen v. Morse Dry Dock & Repair Co. 235 N. Y. 439 p. 603