Hoehn v. Lautz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theresa Hoehn, as administratrix, etc., of Anton Hoehn, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of November, 1903, upon a nonsuit granted by the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 18th day of November, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought under the Employers’ Liability Act (Laws of 1902, chap. 600) to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The accident causing the death occurred January 27, 1903. The administratrix was appointed February 6, 1903. The notice, under section 2 of the Employers’ Liability Act, was given May 14, 1903, which was 107 days after the death, and 97 days after the appointment of the administratrix. Section 2, above referred to,…
2Cited by2 opinions
- Chisholm v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Faith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905