Full text
Marion Spinelli, as Administratrix of the Estate of Vincent J. Spinelli v. Seatrade Corporation
Action against shipowners to recover damages for wrongful death and personal injuries. The injuries which resulted in death were suffered while the plaintiff’s intestate was engaged in the repair of a ship docked in navigable waters in the territory of the State of New York. The causes of action are authorized by sections 119, 120, and article 5 of the Decedent Estate Law. The Trial Justice charged the jury that contributory negligence is a bar to recovery.
The .plaintiff excepted, and requested that the rule of comparative negligence be charged. The request was refused. Judgment, entered on the verdict of a jury in favor of defendants; unanimously affirmed, with costs. {Groonstad v. Bobins Dry Dock & Bepair Co., 236 N. Y. 52; cf. Patrone v. Howlett, 237 N. Y. 394, decided under the Jones Act [U. S. Code, tit. 46, § 688.] Appeal from order denying appellant’s motion to set aside the verdict and for a new trial, dismissed, without costs.
Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ. [See post, p. 1038.]