Trentacoste v. Cronin

Appellate Division of the Supreme Court of New York

Trentacoste v. Cronin

132 A.D. 907, 116 N.Y.S. 755

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1909

StatusPublished

Cited by1 cases

This text of 132 A.D. 907 (Trentacoste v. Cronin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trentacoste v. Cronin, 132 A.D. 907, 116 N.Y.S. 755 (N.Y. Ct. App. 1909).

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Opinion

Per Curiam:

The plaintiff appeals from the dismissal of his complaint. The action is a statutory One by an administrator for damages for the death of his intestate. The evidence showed that the deceased, a laborer, was employed .in the night time in wheeling dirt along a wharf or pier and by means of a plank to a scow lying alongside. . As he was walking along this plank, which was not fastened either to the wharf or the scow, it moved or tilted and he fell into the water and was drowned. The plank was undoubtedly a “ way," and it was the duty of defendant to furnish a way which was reasonably safe both as to its construction and its lighting. We are of the opinion that upon the evidence it was a question fbr the jury whether or not defendant had fulfilled his duty in' that regard. So far as concerns- the question whether the-deceased, knowing the insecure character of the way , assumed the risk was certainly a question for the jury. (Reilly v. Troy Brick Co., 184 N. Y. 399; Clark v. N. Y. C. & H. R. R. R. Co., 191 id. 416.) The judgment appealed from must be reversed and a new trial granted, with costs to appellant to abide the event. Present — Patterson, P. J., McLaughlin, Laughlin, Houghton and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.

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Per Curiam:

The plaintiff appeals from the dismissal of his complaint. The action is a statutory One by an administrator for damages for the death of his intestate. The evidence showed that the deceased, a laborer, was employed .in the night time in wheeling dirt along a wharf or pier and by means of a plank to a scow lying alongside. . As he was walking along this plank, which was not fastened either to the wharf or the scow, it moved or tilted and he fell into the water and was drowned. The plank was undoubtedly a “ way," and it was the duty of defendant to furnish a way which was reasonably safe both as to its construction and its lighting. We are of the opinion that upon the evidence it was a question fbr the jury whether or not defendant had fulfilled his duty in' that regard. So far as concerns- the question whether the-deceased, knowing the insecure character of the way , assumed the risk was certainly a question for the jury. (Reilly v. Troy Brick Co., 184 N. Y. 399; Clark v. N. Y. C. & H. R. R. R. Co., 191 id. 416.) The judgment appealed from must be reversed and a new trial granted, with costs to appellant to abide the event. Present — Patterson, P. J., McLaughlin, Laughlin, Houghton and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.

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Bluebook (online)

132 A.D. 907, 116 N.Y.S. 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trentacoste-v-cronin-nyappdiv-1909.

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