Shaw v. Feltman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles L. Feltmañ and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk • of the county of Kings on the 21st day of February, 1907, upon'the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendants’ demurrer to the complaint. Interlocutory judgment affirmed, with, costs, on the opinion of Mr. Justice Kelly at Special Term.
1Opinion of the Court
Woodward, Jenks, Hooker, Gaynor and Rich, JJ., concurred.
The following is the opinion-delivered at Special Term:
Kelly, J.:
The parties occupied the relation of master and servant, and the plaintiff, the servant, sues the defendants, the masters, for damages resulting from their alleged negligence. On a '.demurrer he is entitled to have, the facts stated in the complaint taken as true, and all reasonable inferences are to be resolved in his favor. The defendants say the complaint does not state facts sufficient to constitute a cause of action j that there is no sufficient allegation of *598negligenc…
2Cases cited2 opinions
- Rooney v. Brogan Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Shaw v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1904