Colban v. Petterson Lighterage & Towing Corp.

New York Court of Appeals

Colban v. Petterson Lighterage & Towing Corp.

226 N.E.2d 541, 19 N.Y.2d 794, 279 N.Y.S.2d 735, 1967 N.Y. LEXIS 1600

CourtNew York Court of Appeals

DecidedApril 11, 1967

StatusPublished

Cited by4 cases

This text of 226 N.E.2d 541 (Colban v. Petterson Lighterage & Towing Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Colban v. Petterson Lighterage & Towing Corp., 226 N.E.2d 541, 19 N.Y.2d 794, 279 N.Y.S.2d 735, 1967 N.Y. LEXIS 1600 (N.Y. 1967).

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Opinion

Order affirmed, without costs, in the following memorandum. Regardless of whether State law or maritime law applies, the order of the Appellate Division should be affirmed. If New York law applies, the question of proximate cause was for the court since the plaintiff’s narrative of the accident was uncontradicted (Rivera v. City of New York, 11 N Y 2d 856). We agree with the Appellate Division that the cause of the plaintiff’s fall was not the captain’s failure to provide a ladder.

If Federal maritime law applies, the order of the Appellate Division should be affirmed on the basis that no duty was owed to the plaintiff which was breached by the defendant, McAllister (Lauricella v. United States, 185 F. 2d 327 [2d Cir., 1950]; Jackson v. Pittsburgh S. S. Co., 131 F. 2d 668 [6th Cir., 1942]; see Vanderlinden v. Lorentzen, 139 F. 2d 995 [2d Cir., 1944]).

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

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Order affirmed, without costs, in the following memorandum. Regardless of whether State law or maritime law applies, the order of the Appellate Division should be affirmed. If New York law applies, the question of proximate cause was for the court since the plaintiff’s narrative of the accident was uncontradicted (Rivera v. City of New York, 11 N Y 2d 856). We agree with the Appellate Division that the cause of the plaintiff’s fall was not the captain’s failure to provide a ladder.

If Federal maritime law applies, the order of the Appellate Division should be affirmed on the basis that no duty was owed to the plaintiff which was breached by the defendant, McAllister (Lauricella v. United States, 185 F. 2d 327 [2d Cir., 1950]; Jackson v. Pittsburgh S. S. Co., 131 F. 2d 668 [6th Cir., 1942]; see Vanderlinden v. Lorentzen, 139 F. 2d 995 [2d Cir., 1944]).

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

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226 N.E.2d 541, 19 N.Y.2d 794, 279 N.Y.S.2d 735, 1967 N.Y. LEXIS 1600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colban-v-petterson-lighterage-towing-corp-ny-1967.

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