Central Railroad of New Jersey v. Olcott

Headnote

Negligence — master and servant — injury from lowering of gate on dock — liability as between lessee of dock who was general hirer of employees and owner of steamer permitted to land at dock at whose orders the gate was lowered by defendant's dockman.

Central 22. 22. Co. v. Olcott, 216 App. Div. 791 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1926, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was to recover a sum paid in settlement of a claim for personal injuries to a third person who was injured, while on a pier leased by defendant, by a gate lowered by a dockman in his general employ. It appeared that under an agreement between plaintiff and defendant, plaintiff was permitted to use defendant’s dock to land and take passengers for its steamers and to use certain employees of defendant in connection therewith; that it had given orders that the gate should be promptly lowered when its steamer’s whistle was blown and that compliance with the order caused the injury. The trial court dismissed the complaint on the ground that at the time of the accident the dockman was doing work in behalf of plaintiff.

Judgment affirmed, with costs;