Majority
p. 554Adolph Peterson, Respondent, v. United States Shipping Board Emergency Fleet Corporation, Appellant. (Argued October 19, 1925; decided November 24, 1925.)
Headnote
Negligence■—master and servant — ships and shipping — seaman injured from fall through open hatchway.Peterson v. U. S. Shipping Board Emergency Fleet Corp., 209 App. Div. 824 , affirmed.
Appeal, by permission, from a judgment of the Appel- . late Division of the Supreme Court in the second judicial
p. 555
department, entered May 5, 1924, 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 by plaintiff through the negligence of defendant, his employer. Plaintiff while employed as a seaman on one of the defendant’s steamships in New York harbor, fell through an open hatchway and received the injuries complained of. It was alleged that the accident was caused by the negligence of defendant’s boatswain in prematurely directing the replacement of hatch covers thus leaving plaintiff who was working between decks near the hatchway in darkness.
Frederick H. Cunningham, Nathan A. Smyth and Ralph C. Greene for appellant.
John Winans and J. Arthur Seidman for respondent.
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.