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HARDIE v. NEW YORK HARBOR DRY DOCK CORPORATION

No. 79.

9 F.2d 545 (1925)

HARDIE v. NEW YORK HARBOR DRY DOCK CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 16, 1925.

Attorney(s) appearing for the Case

Richard H. McIntyre, of New York City (Wesley M. Messersmith, of New York City, of counsel), for plaintiff in error.

A. G. Maul, of New York City (John McK. Minton, Jr., of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

We cannot see that the defendant failed to furnish the intestate with a safe way to his work. The route over the bridge deck was certainly such, and it was obviously open to those who did not care to use the dark route over the main deck between door and door. Two of the intestate's fellows had used it before him, and it was a compliance with the master's duty to furnish a safe way. If there be two ways, one...

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