U.S. Circuit Court for the District of Southern New York, 1889

Cleary v. Oceanic Steam Nav. Co.

Cleary v. Oceanic Steam Nav. Co.
U.S. Circuit Court for the District of Southern New York · Decided December 23, 1889 · Lacombe, Wheeler
40 F. 908; 1889 U.S. App. LEXIS 2604
Cleary v. Oceanic Steam Nav. Co.

Opinion of the Court

Per Curiam.

There was sufficient in the evidence to warrant the jury in finding that the door or its fastening was in a condition of disrepair for a period long enough to justify the imputation of negligence. The fact, which was quite clearly shown, that the door and fastening were in good repair when the defendant assigned to the Spanish-American Company the right to collect wharfage and cranage at the pier did not relieve the defendant from its duty to keep the wharf in safe condition.

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