Riley v. Agwilines, Inc.

• Decision Date: 22 May 1947
• Parties: RILEY v. AGWILINES, Inc.
• Court: New York Court of Appeals Court of Appeals

296 N.Y. 402

73 N.E.2d 718

RILEY

v.AGWILINES, Inc.

Court of Appeals of New York.

May 22, 1947.

Appeal from Supreme Court, Appellate Division, First Department.

Action by Emma Riley, as administratrix of the goods, chattels and credits of William Riley, deceased, against Agwilines, Inc., to recover for decedent's wrongful death. From a judgment of the Appellate Division of the Supreme Court in the First Judicial Department, entered July 15, 1946, 270 App.Div. 1010, 63 N.Y.S.2d 835, affirming, by a divided court, a judgment of the Supreme Court in favor of plaintiff entered upon a verdict rendered at a trial term, 56 N.Y.S.2d 221, defendant appeals.

Judgments reversed and complaint dismissed.

Ray Rood Allen, of New York City, for appellant.

Jacquin Frank and David M. Fink, both of New York City, for respondent.

THACHER, Judge.

This is an action for wrongful death of plaintiff-respondent's intestate, William Riley, who, while working as a stevedore on the S.S. Medina, owned, operated and controlled by defendant-appellant, fell through an uncovered hatch in an unlighted part of the deck immediately below the top deck of the vessel.

Riley was one of a number of longshoremen employed by the Jarka Corporation, a contracting stevedore which was engaged in removing ballast and cargo from the S.S. Medina moored at a pier in New York Harbor. One gang of these longshoremen, of which Riley was a member, worked on the upper ‘tween deck at number 3 hatch under a gang foreman who was also an employee of Jarka. Another gang, also employees of Jarka, were engaged in similar work on the same deck at number 2 hatch under another foreman employed by Jarka. The men in Riley's gang were able to step down from the main deck at number 3 hatch on to sand ballast which was covered with a layer of discarded military clothing. Riley and the other mambers of his gang proceeded during the day to remove the discarded military clothing by pushing it toward the number 2 hatch, where the gang engaged there put this material in slings and with the slip's winches and tackle discharged it on the dock. When the clothing had been thus disposed of, Riley and his gang shoveled the ballast, consisting of sand and rocks, into tubs which were raised through the number 3 hatch and dumped into lighters alongside the ship. At about 7:30 P.M. it began to get dark and two lights were placed in number 3 hatch, one inshore and one offshore. With the aid of these lights the men in Riley's gang continued to work until about a quarter to ten. Shortly before that Riley was seen to walk in the direction of number 2 hatch, for what purpose is not clear, but the only means of egress from the hold where the men were working was a ladder near the edge of number 2 hatch on the ‘tween deck. When the men in Riley's gang quit work they proceeded in the direction of number 2 hatch on the ‘tween deck. The place being dark, they called for a light, which was let down to them on a cable through a manhole near number 2 hatch. This light disclosed the fact that the hatch was uncovered and Riley was seen lying below, where he had fallen through the hatch. The hatch covers had been removed by members of the gang working under number 2 hatch, pursuant to directions of their foreman employed by Jarka.

When it got dark this gang called for lights and a light was lowered to them through the open main deck number 2 hatch. When these men had cleaned up the ballast under number 2 hatch on the ‘tween deck they were directed by their foreman to remove the hatch covers on that deck, and when that had been done, shortly before 9 o'clock, they proceeded to the main deck by means of the manhole and the ladder near number 2 hatch. Still acting under the directions of their foreman, they replaced the covers of number 2 hatch on the main deck. This operation, of course, required removal of the lights which had been hung on cables in the open hatch and consequently the ‘tween deck was left without light near the number 2 hatch which was left open. When the men from number 3 hatch needed light at number 2 hatch they called for it and a light was let down to them through the manhole.

The question of law presented is whether under these facts which are not in dispute the owner of the ship became liable for the wrongful death of Riley.

Since it is beyond the power of the State by legislation or judicial decision to mold or modify the maritime law (Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, 40 S.Ct. 438, 64 L.Ed. 834, 11 A.L.R. 1145), we must look to the decisions of the Federal courts to define the liabilities of shipowners for maritime torts, leaving out of consideration decisions of our own courts or statutes of the State which conflict with the rules of liability established in the Federal courts. Robins Dry Dock & Repair Co. v. Dahl, 266 U.S. 449, 45 S.Ct. 157, 69 L.Ed. 372, overruling Maleeny v. Standard Shipbuilding Corporation, 237 N.Y. 250, 142 N.E. 602.

In Kuhn v. City of New York, 274 N.Y. 118, 8 N.E.2d 300, 304, an action to recover damages for wrongful death under section 130 of the Decedent Estate Law, Consol.Laws, c. 13, was brought by the administratrix of the estate of Francis Kuhn. While Kuhn and other employees of a contractor and a subcontractor engaged in work for the city on Riker's Island were being transported to work across the East River on the S.S. Observation, her boilers blew up and a number of the men, including plaintiff's intestate, were killed. Kuhn was an employee of the subcontractor. The suit was against both the general contractor and Kuhn's employer, the subcontractor. The trial court dismissed the complaint as against Kuhn's employer and there was a verdict for the plaintiff against the general contractor. Thus the action was not founded on a contract of employment and recovery was sought against the general contractor as against a stranger to the employment on the usual grounds of negligence claimed to be available in such an action. But the only claim of negligence was that a defective boiler rendered the vessel unseaworthy. We held: ‘Because of the location of the accident, the matter was not of local concern and the substantive rights and obligations of the parties arose not out of the local law of New York State, but under the maritime law of the United States (Robins Dry Dock & Repair Co. v. Dahl, 266 U.S. 449, 45 S.Ct. 157, 69 L.Ed. 372;Messel v. Foundation Co., 274 U.S. 427, 429, 47 S.Ct. 695, 696, 71 L.Ed. 1135), while any appropriate remedy afforded by the common law and the New York...