Torp v. Morse Dry Dock & Repair Co. — 244 N.Y. 528

Majority

p. 528

Sophie Torp, as Administratrix of the Estate of Thomas Torp, Deceased, Respondent, v. Morse Dry Dock and Repair Company, Appellant, Impleaded with Others.

Headnote

Negligence — stevedore killed by explosion on vessel caused by use of acetylene torch in vicinity of cargo of gasoline.

Torp v. Morse Dry Dock & Repair Co., 216 App. Div. 815 , affirmed.

(Argued November 19, 1926;

decided December 31, 1926.)

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

p. 529

entered April 23, 1926, affirming 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, appellant. Plaintiff's intestate, a stevedore, was killed by an explosion on board a steamship where he was working. It was alleged that the explosion was caused by the use of an open flame acetylene torch by employees of defendant, appellant, in the immediate vicinity of a large number of cases containing gasoline in tin cans which formed a portion of the cargo.

John Vernou Bouvier, Jr., and Harold R. Medina for appellant.

Lester Hand Jayne for respondent.

Judgment affirmed, with costs; no opinion.

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