Foley v. Peninsular

E.D. New York

Foley v. Peninsular

79 F. 972, 1897 U.S. Dist. LEXIS 140

DecidedApril 19, 1897

StatusPublished

This text of 79 F. 972 (Foley v. Peninsular) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foley v. Peninsular, 79 F. 972, 1897 U.S. Dist. LEXIS 140 (E.D.N.Y. 1897).

Pincite

Opinion

BENEDICT, District Judge.

This is an action for personal injuries caused by the falling of a tub of salt upon a man in the hold of the steamship Peninsular. Upon the evidence it is impossible to conclude that the accident was caused by any neglect on the part of the shipowners. It was caused by the negligence of the winchman. The winchman, however, was a fellow servant with the libelant, and therefore his negligence entails no liability upon the owners of the ship. Libel dismissed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

BENEDICT, District Judge.

This is an action for personal injuries caused by the falling of a tub of salt upon a man in the hold of the steamship Peninsular. Upon the evidence it is impossible to conclude that the accident was caused by any neglect on the part of the shipowners. It was caused by the negligence of the winchman. The winchman, however, was a fellow servant with the libelant, and therefore his negligence entails no liability upon the owners of the ship. Libel dismissed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

79 F. 972, 1897 U.S. Dist. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-peninsular-nyed-1897.