Welch v. Waterbury & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, Waterbury Company (sued herein as Waterbury & Company), 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 16th day of April, 1909, upon the verdict of a jury for $7,000; and also from an order entered in said clerk’s office on the 26th day of April, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
On this appeal from a judgment in favor of the plaintiff in an action to recover damages for personal injuries, the appellant contends that the action was not brought upon the theory of any common-law liability, but under the provisions of the Employers’ Liability Act (Laws of 1902, chap. 600), and that there was no proof that the notice required by the Employers’ Liability Act was served within the statutory time, and that for this reason the complaint should have been dismissed, while the respondent as urgently insists that this is a common-law action and endeavors to sustain…
2Cases cited3 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Chisholm v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ward v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by12 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Payne v. New York, Susquehanna & Western RailroadNew York Court of Appeals · 1911
- Schwartz v. Macrose Lumber & Trim Co.New York Supreme Court · 1966
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Broadbent v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1911
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