Citations
- 105 A.D. 436
Full opinion text
Ingraham, J.:
This action is to recover the damages sustained by the next of kin of one Thomas McCarthy caused by his death. The defendant demurred to the complaint upon the grounds that the court had not jurisdiction of the subject of the action and that the complaint did not state facts sufficient to constitute a cause of action.
The complaint alleges that the defendant was a foreign corporation organized and existing under the laws of the State-of Hew Jersey; that on or about the 22d day of April, 1903, it was engaged in dredging the river bed and carrying on certain other work and operations in the East river at or near a certain sea wall in the United States navy yard in the borough of Brooklyn, county of Kings, city and State of Hew York; that in connection with this work the defendant used a certain floating steam dredger, connected with which was a certain metal scoop or bucket; that the plaintiff’s intestate was in the employment of the United States government as a coal passer, and as such was stationed in the aforesaid navy yard, and at the said time was lawfully upon the grounds of the said navy yard, and lawfully standing at or near the sea wall above referred to, at or near the water edge thereof; that at the said time and place the plaintiff’s intestate received certain injuries, through the negligence of the defendant, which caused the death of the plaintiff’s intestate on the 22d day of April, 1903. The negligence of the defendant consisted in allowing the metal scoop and certain of the appliances to swing over the land forming a part of the said navy yard, thereby forcibly coming in contact with and striking against a certain flagpole imbedded in and standing upon the said navy yard grounds, thereby breaking the said flagpole and causing it to fall over and upon the plaintiff’s intestate, striking him upon the head and inflicting the injuries which resulted in his death. The navy yard above referred to is, by the 2d paragraph of the complaint, alleged to be “the United States Navy Yard in the Borough of Brooklyn, County of Kings, City and State of New York.”
Section 1 of chapter 355 of the Laws of 1853 provides that “ the jurisdiction of this State over all the lands in and adjacent to the city of Brooklyn, belonging to the United States, and used and occupied as a navy yard and naval hospital, and which has not heretofore been ceded to the United States, is hereby ceded to the United States for the uses and purposes of a navy yard and naval hospital, on the condition contained in this act, and according to the. plan furnished by the navy department and bounded as follows: ” Section 4. of the act provides: “ The United States may retain such use and jurisdiction as long as the premises described shall be used for the purposes for which jurisdiction is ceded, and no longer. * * * ]