Maleeny v. Standard Shipbuilding Corporation

Full title: PETER MALEENY, Respondent, v. STANDARD SHIPBUILDING CORPORATION, Appellant

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

Date published: Jun 1, 1923

206 App. Div. 780 (N.Y. App. Div. 1923)

Opinion

June, 1923.

Judgment affirmed, with costs. No opinion. Kelly, P.J., Jaycox, Manning and Young, JJ., concur; Kapper, J., dissents on the ground that the charge on the question of assumption of risk was erroneous, and that the request of the defendant to charge on the question of assumption of risk should have been granted; and further, that the action, being one at common law, there should have been no apportionment of damages for contributory negligence, and the charge in this respect was erroneous.