Judd v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Arpead by the plaintiff, Maybelle A. Judd, as administratrix, etc., 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 4th day of December, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 19th day of December, 1911, denying the plaintiff’s motion for a…
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Arpead by the plaintiff, Maybelle A. Judd, as administratrix, etc., 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 4th day of December, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 19th day of December, 1911, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 24th day of November, 1910, to recover damages for the…
1Opinion of the Court
McLennan, P. J.:
Upon the trial the plaintiff sought to show that this action is maintainable under the Employers’ Liability Act, but inasmuch as it was stipulated that the action was commenced on-the 24th day of November, 1910; that the accident occurred on the 11th day of August, 1909, and that plaintiff was appointed administratrix on the 18th day of September, 1909, this contention is clearly wrong, because the Employers’ Liability Act provides that an action brought under the provisions of that act must be commenced within one year from the happening of the accident causing the injury.…
2Cases cited7 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Freemont v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Bell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Burns v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by2 opinions
- Matter of Carter B. (Logan D.)Appellate Division of the Supreme Court of the State of New York · 2017
- Dobler v. Conron Bros.Appellate Division of the Supreme Court of the State of New York · 1915