Bergquist v. Erie Railroad

Appellate Division of the Supreme Court of New York

Bergquist v. Erie Railroad

7 A.D.2d 926, 183 N.Y.S.2d 1005, 1959 N.Y. App. Div. LEXIS 9906

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 1959·Published

Opinion

Action by a longshoreman against the Erie Railroad Company to recover damages for personal injuries sustained by reason of unseaworthiness of a barge owned by Erie. Erie served a third-party complaint on William Spencer & Son, Corp., employer of the longshoreman, alleging .that Spencer was actively negligent and had agreed to indemnify Erie. The appeal is from a judgment entered on a jury verdict in favor of the longshoreman and on the dismissal by the court of the third-party complaint. Judgment unanimously affirmed, with costs. No opinion. Present—Nolan, P. J., Wenzel, Beldoek, Murphy and Kleinfeld, JJ. [10 Misc 2d 521.]

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Action by a longshoreman against the Erie Railroad Company to recover damages for personal injuries sustained by reason of unseaworthiness of a barge owned by Erie. Erie served a third-party complaint on William Spencer & Son, Corp., employer of the longshoreman, alleging .that Spencer was actively negligent and had agreed to indemnify Erie. The appeal is from a judgment entered on a jury verdict in favor of the longshoreman and on the dismissal by the court of the third-party complaint. Judgment unanimously affirmed, with costs. No opinion. Present—Nolan, P. J., Wenzel, Beldoek, Murphy and Kleinfeld, JJ. [10 Misc 2d 521.]

Bergquist v. Erie Railroad, 7 A.D.2d 926, 183 N.Y.S.2d 1005, 1959 N.Y. App. Div. LEXIS 9906 (N.Y. Ct. App. 1959).

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