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McCampbell v. Cunard Steamship Co.

27 N.Y.S. 1112 Court N.Y. Gen. Term Decision date 1894-02-12 English

Delivered by -CULLEN, J.

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p. 1112
McCampbell, Respondent, v. CUNARD STEAMSHIP CO., Limited, Appellant.
(Supreme Court, General Term, Second Department.
February 12, 1894.)

Headnote

Appeal from circuit court, Queens county.
Action by Daniel McCampbell against the Cunard Steamship Company, Limited, to recover damages for personal injuries sustained by plaintiff while in the employ of defendant.
Argued before DYKMAN, PRATT, and CULLEN, JJ.
Owen, Gray & Stages (Frank D. Stages, of counsel), for appellant.
-George William Hart and Archibald A. McGlashan, for respondent.

This is an appeal from a judgment for the plaintiff, entered -on the verdict of a jury. The action was servant against master, to recover for personal injuries suffered owing to the alleged negligence of the defendant. On the first trial of the action, I directed the complaint to be dismissed. On appeal, that decision was reversed. 23 N. Y. Supp. 477 . As both my associates concurred in the opinion delivered on appeal which

p. 1113
covers the question now raised, and as the trial court followed the law laid down by the general term, it follows that this judgment must be affirmed. Judgment and order denying new trial affirmed, with costs.