United States Fidelity & Guaranty Co. v. New York Railways Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in fávor of defendant, and from an order denying motion to set aside and amend judgment.
1Opinion of the CourtGuy, J.
On or about July 20, 1914, Philip Magrino sustained injuries in a collision between his employer’s truck, upon which he was riding, and one of defendant’s street railway cars. The employee subsequently elected to take compensation under the Workmen’s Compensation Law, and accordingly, pursuant to section 29 of that act, assigned his claim against the defendant to the plaintiff, the insurance corporation liable for the payment of the compensation. As assignee the plaintiff brought this action, and the trial court granted a nonsuit for the sole reason that, in the opinion of the court, the…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Lester v. Otis Elevator Co.Appellate Terms of the Supreme Court of New York · 1915
- Howe v. PeckhamNew York Supreme Court · 1851
- Kirby v. StateNew York Court of Claims · 1910
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