Foley v. The Peninsular
| Decision Date | 19 April 1897 |
| Citation | 79 F. 972 |
| Parties | THE PENINSULAR. v. THE PENINSULAR. FOLEY |
| Court | U.S. District Court — Eastern District of New York |
This was a libel by Patrick Foley against the steamship Peninsular to recover damages for personal injuries.
Charles J. Patterson, for libelant.
Convers & Kirlin, for claimant.
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.
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Moriarty v. Schwarzschild & Sulzberger Company
... ... 417, 45 N.E. 860; Lambert v. Pulp ... Co., 72 Vt. 278. (5) If Flisk was in any manner ... negligent, his act was that of a fellow-servant. Foley v ... The Peninsular, 79 F. 972; Deehan v. The ... Bolivia, 59 F. 626; Kenny v. The Cunard, 52 ... N.Y.S. 434; Labatt, Master and Servant, sec ... ...