Diomede v. United Marine Contracting Corp.

Headnote

Negligence — master and servant — injury to workman on steamship in dry-dock — when complaint properly dismissed.

Diomede v. United Marine Contracting Corpn., 206 App. Div. 768 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department,

entered June 29, 1923, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Plaintiff and others of a gang were engaged in removing hatch covers from a steamer upon which they had been sent by defendant to work. While they were thus employed the winch had been working and the fall with the iron hook at its end moved up and down under the direction of the foreman, who was present at the time. After it had gone down and come up some seven or eight times, the hook on its upward journey caught firmly in one of the iron strongbacks which supported the hatch covers on which the men were working, and before the winch could be stopped, pulled it out of its position, throwing it and the covers which still rested on it and the men who were working on top of the covers, down to the bottom of the hold.