Rossiter v. Peter Cooper's Glue Factory
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Eossiter, 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 20th day of June, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 18th day of June, 1912, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, James Eossiter, 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 20th day of June, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 18th day of June, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment dismissing the plaintiff’s complaint in an action by an employee to recover for personal injuries, and also from an order denying plaintiff’s motion for a new trial. The complaint alleges a cause of action under the Employers’ Liability Act (Consol. Laws, chap. 31 [Laws of 1909, chap. 36J, art. 14, as amd. by Laws of 1910, chap. 352), at common law, and also under section 81 of the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], as amd. by Laws of 1910, chap. 106). The notice served under the Employers’ Liability Act was excluded as…
2Cases cited8 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Thompson v. Town of BathAppellate Division of the Supreme Court of the State of New York · 1911
- Long v. Fulton Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Gorman v. MillikanAppellate Division of the Supreme Court of the State of New York · 1911
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