262 A.D. 762 | N.Y. App. Div. | 1941
Action to recover damages for personal injuries suffered by plaintiff while working on a lighter owned by the defendant and at a time when it was in the possession and control of plaintiff’s employer under a charter party. Judgment for the plaintiff reversed on the law and the facts and a new trial granted, with costs to abide the event. The plaintiff’s employer, Evans Transportation Corporation, was the special owner of the lighter at the time the accident happened. It was in possession and complete control of the lighter as a consequence of a charter party or maritime agreement with the owner of the lighter, the defendant herein. The fact that the captain of the lighter was carried on the defendant’s payroll, that gasoline used to operate the machinery, etc., of the lighter was furnished by the defendant, and that the duty of repairing the lighter rested on the defendant, gave rise to no questions of fact having legal significance in connection with the