Hurley v. Olcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, J. Van V. Olcott and others, as receivers, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of December, 1908, upon the verdict of a jury for $25,000, as amended, and also from an order entered in said clerk’s office on the 29th day of December, 1908, denying the defendants’ motion for a new trial.
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Appeal by the defendants, J. Van V. Olcott and others, as receivers, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of December, 1908, upon the verdict of a jury for $25,000, as amended, and also from an order entered in said clerk’s office on the 29th day of December, 1908, denying the defendants’ motion for a new trial. The action was for negligence by a servant against his master. The plaintiff, an experienced ironworker', was employed in a gang of six men in charge of one Fiske, lifting…
1Opinion of the Court
Miller, J.:
I entertain some doubt whether the notice referred to in the foregoing statement of facts was ever mailed to the defendants, but none of the reasons urged against the judgment appear to me sufficient to justify reversal. I shall consider them in order.(1) The notice was sufficient “ notice of the time, place and cause of the injury.” It is not disputed that time and place were correctly stated, and there can be little more doubt that the. cause of the injury was accurately stated. The plaintiff’s leg was broken by an iron column falling upon it. The “ cause of the injury ” was the…
2Cases cited11 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Valentino v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Milligan v. Clayville Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Rodzborski v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Cleary v. R. E. Dietz Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Horgan v. Rapid Transit Subway Const. Co.Appellate Terms of the Supreme Court of New York · 1914
1 more not listed; retrieve them via the Exa API.