Vasquez v. Panama Railroad — 239 N.Y. 590

Majority

p. 590

Agapito Vasquez, as Administrator of the Estate of Maximiliano Sanchez, Deceased, Respondent, v. Panama Railroad Company, Appellant.

Headnote

Negligence — master and servant — jurisdiction — action to recover for death of seaman hilled on board vessel in New York harbor.

Vasquez v. Panama R. R. Co., 208 App. Div. 740 , affirmed.

(Submitted November 26, 1924;

decided December 16, 1924.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1924, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. Intestate was killed by an electric shock while working on one of defendant’s ships at the time on a floating drydock at Staten Island. The action was instituted under the Federal statute ( 41 Stat. 1007 , § 33), amending section 20 of the Seaman’s Act ( 38 Stat. 1185 ) so as to make applicable to seamen, or their dependents in case of death, the provisions of the Federal Employers’ Liability Act.

p. 591

Richard Reid Rogers for appellant.

Frederick R. Graves for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Andrews and Lehman, JJ. Absent: Crane, J.