Larson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Larson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 28th day of May, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action, invoking the aid of the Employers’ Liability Act, to recover damages for personal injuries. The complaint was dismissed at the close of plaintiff’s evidence upon the ground that it was one not within the scope of the Employers’ Liability Act, and on the further ground that it failed to establish an action at common law. The plaintiff appeals from the judgment, and urges that the defendant is estopped by its answer from raising the question of liability under the Employers’ Liability Act; that the plaintiff was entitled to go to the jury on the…
2Cases cited5 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Quinlan v. . Lackawanna Steel Co.New York Court of Appeals · 1908
- Droge v. John N. Robins Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Falk v. HavemeyerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Hall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Hotaling v. James Stewart & Co.Appellate Division of the Supreme Court of the State of New York · 1915
- O'Connor v. James Stewart & Co.New York Supreme Court · 1916