Fives v. Compagnie Generals Transatlantique

Headnote

Negligence — ships and shipping — longshoreman injured while clearing loading gear from ship — defective winch.

Fives v. Compagnie Generate Transatlantique, 216 App. Div. 799 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28,1926, modifying and affirming as modified 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, a longshoreman who had been engaged in loading cargo on one of defendant’s steamships and was clearing away the gear pre

paratory to its sailing, was struck by a landing skid which had been hoisted preparatory to its removal to the dock and received the injuries complained of. It was contended that the accident was caused by a defect in the steam winch used for hoisting.