Opinion
December 19, 1949.
Present — Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ.
Plaintiff, as administratrix, brought this action to recover damages for the death of her husband, who was fatally injured when he fell as he was swinging over the railing of a vessel and attempting to put his foot on a step of a Jacob's ladder hung over the side of the vessel, which step was conceded to be missing. The vessel, which was owned by defendant Alcoa Steamship Co., Inc., had been turned over to defendant Turbine Engineering Corp. for reconversion. At the time of the accident the vessel was in a repair yard in New Jersey. Plaintiff obtained a verdict of $30,000 "plus funeral expenses" against defendant Turbine Engineering Corp. The funeral expenses amounted to $637.18, and upon consent the verdict was amended by adding that amount. Judgment was entered for $30,637.18, together with $3,487.51 interest from the date of death to the date of entry of the judgment, and costs. There also was a verdict in favor of defendant Alcoa Steamship Co., Inc. Defendant Turbine Engineering Corp. appeals from the judgment entered on the verdict against it. Plaintiff appeals from so much of the judgment entered on the verdict as is in favor of defendant Alcoa Steamship Co., Inc. On appeal by defendant Turbine Engineering Corp., judgment modified on the law by eliminating interest from the date of death to the date the judgment was entered, and also the funeral expenses. As so modified the judgment is unanimously affirmed, with costs to plaintiff-respondent. Findings of fact implicit in the verdict of the jury are affirmed. On appeal by plaintiff, the judgment is unanimously affirmed, with costs to respondent Alcoa Steamship Co., Inc. The questions of negligence, proximate cause, and contributory negligence were questions of fact for the jury. Under the law of New Jersey interest from the date of death and funeral expenses are not recoverable in an action for wrongful death. ( Colliton v. United Shipyards, Inc., 256 App. Div. 923, affd. 281 N.Y. 582.)