Pratt v. McKee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry D. McKee and another, doing business under the name,, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of October, 1910, upon the verdict of a jury for $7,100, and also from an order entered in said clerk’s office on the 10th day'of October, 1910, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J. :
This case has been twice tried and has once before been under consideration by this court (Pratt v. McKee, 135 App. Div. 752). The circumstances attending the accident from which plaintiff’s injury resulted were stated in the opinion then delivered. The evidence upon the second trial showed no material difference therein, and it is unnecessary to restate them. Upon the first trial the notice which was served in attempted compliance with the provisions of the Employers’ Liability Act was excluded for insufficiency in stating the cause of the injury. Although we reversed the judgment…
2Cases cited6 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Logerto v. . Central Building Co.New York Court of Appeals · 1910
- Valentino v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Finnigan v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Quinlan v. . Lackawanna Steel Co.New York Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Delaware, L. & W. R. v. PerrottaCourt of Appeals for the Second Circuit · 1916