Matter of Keator v. . Rock Plaster Manufacturing Company
Cases that cite this one
10 later published cases cite this decision.
- State Industrial Comm'n of NY v. Nordenholt Corp. (Supreme Court of the United States 1922)
- Motor Boat Sales, Inc. v. Parker (4th Cir. 1941)
- Netherlands American Steam Nav. Co. v. Gallagher (2d Cir. 1922)
- Ætna Life Ins. v. Brand (2d Cir. 1920)
- Keator v. Rock Plaster Mfg. Co. (District Court, S.D. New York 1919)
- Atlantic Coast Shipping Co. v. Royster (Md. 1925)
- Matter of Mangieri v. . Olin J. Stephens, Inc. (N.Y. 1922)
- Matter of Newham v. . Chile Exploration Co. (N.Y. 1921)
- Claim of Insana v. Nordenholt Corp. (Appellate Division of the Supreme Court of New York 1921)
- Claim of Hammonds v. Rock Plaster Corp. (Appellate Division of the Supreme Court of New York 1921)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On the 12th of June, 1917, Alexander Keator was in the employ of the Rock Plaster Manufacturing Company, which had a place of business at One Hundred and Fiftieth street and East river, New York city. As a necessary incident to the carrying on of such business, rock was unloaded from vessels lying alongside a pier in the East river, and dumped on the dock near the plant. Keator had charge of the unloading of such rock. On the day mentioned, while actually engaged in the performance of his duties in unloading a vessel, then in navigable waters, he was struck by a load of rock being hoisted from the vessel to the dock and killed.
I am of the opinion, for the reasons stated by me in Matter of Doey v. Howland Co., Inc., decided herewith, that Keator, at the time he was killed, was engaged in the performance of a maritime contract.
The order appealed from, therefore, should be affirmed, with costs against the state industrial commission.
His cock, Ch. J., Chase and Collin, JJ., concur; Cuddeback, Hogan and Cardozo, JJ., dissent.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.