Bertolami v. United Engineering & Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Engineering and Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered"in the office of the clerk of the county of Hew York on the 30th day of December, 1908, upon the verdict of a jury for $10,500, and also from an order entered in said clerk’s office on the 2d. day of January, 1909, denying the defendant’s, motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
This is the third time this case has been before this court on appeal by the defendant from a judgment entered upon a verdict for the plaintiff. This is an action to recover damages for the death of plaintiff's intestate, alleged to have been caused by the negligence of the defendant, and for a cause of action given by the Employers’ Liability Act (Laws of 1902, chap. 600). No action at the common law would lie upon the facts here presented. Upon the first appeal in 120 Appellate Division, 192, the judgment was reversed for errors in the charge. Upon the second appeal (125 App.…
2Cases cited12 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Barry v. Derby Desk Co.Appellate Division of the Supreme Court of the State of New York · 1907
- O'Neil v. KarrAppellate Division of the Supreme Court of the State of New York · 1906
- Bovi v. HessAppellate Division of the Supreme Court of the State of New York · 1908
- Miller v. Solvay Process Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by3 opinions
- Perlman v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912
- Schoonmaker v. Pittsburgh Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Mattson v. Phœnix Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909