Flanagan v. F. W. Carlin Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Flanagan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 28tli day of December, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Queens County Trial Term in an action to recover damages for personal injuries alleged to have been sustained by the plaintiff while in the defendant’s employ.
1Opinion of the Court
Rich, J.:
The notice offered in evidence under the Employers’ Liability Act was properly excluded, for the reason that it fails to state the specific place where plaintiff was injured and the negligence of the defendant from which the injury arose. The defendant at the time of the injury was engaged in lowering the tracks of the elevated and trolley roads at the Manhattan terminal of the Williamsburgh bridge, and its employees were at work on the entire structure. The injury occurred through the unexplained fall of a block of wood from the upper part of the bridge under which plaintiff was at…
2Cases cited12 opinions
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- McLaughlin v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1900
- Scandell v. Columbia Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
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3Cited by4 opinions
- Dougherty v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- O'Neil v. Manufacturers' Automatic Sprinkler Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Dahl v. Robins Dry Dock & Repair Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Rosasco v. Ideal Opening Die Co.New York Supreme Court · 1913