Opinion · Nylaw New York

JOHNSON v. STANDARD TRANSPORTATION COMPANY, 188 App. Div. 934 (1919)

FRED JOHNSON, Appellant, v. STANDARD Transp. Co., Respondent., 188 A.D. 934 (Appellate Division of the Supreme Court of New York, Second Department. 1919)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1919-01-01
Topic: general

JOHNSON v. STANDARD TRANSPORTATION COMPANY, 188 App. Div. 934 (1919) FRED JOHNSON, Appellant, v. STANDARD TRANSPORTATION COMPANY, Respondent.Appellate Division of the Supreme Court of New York, Second Department. May, 1919.

Citator

UpLaw has not yet analyzed JOHNSON v. STANDARD TRANSPORTATION COMPANY, 188 App. Div. 934 (1919). The absence of a flag is not a finding that it is good law.

JOHNSON v. STANDARD TRANSPORTATION COMPANY,188 App. Div. 934(1919)

FRED JOHNSON, Appellant, v. STANDARD TRANSPORTATION COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

May, 1919.

Judgment and order unanimously affirmed, with costs. The case was tried and submitted to the jury on the theory set forth in the complaint without objection or exception. It was a common-law action for damages for negligence. The jury having found a verdict for defendant, we are now asked to reverse the judgment and to send the case back to be tried before the court and a jury under the maritime law, which allows recovery in certain cases of contributory negligence by apportionment or abatement of plaintiff's recovery. But the maritime law cannot be administered in the State Supreme Court. It is a matter peculiarly within the jurisdiction of the admiralty courts. There is no Federal or State statute allowing a set-off of plaintiff's negligence against his recovery in an action by a seaman to recover damages for injuries received through alleged negligence of those in charge of the vessel. And the basis of recovery in such a suit in admiralty is entirely different from that in a common-law action for damages. (Chelentisv.Luckenbach S.S. Co.,247 U.S. 372;Page 935The Max Morris, 137 id. 1.)

Present — Jenks, P.J., Mills, Rich, Blackmar and Kelly, JJ.