Wolff v. Fulton Bag & Cotton Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Wolff, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 19th day of January, 1918, dismissing the complaint upon the pleadings, consisting of a complaint, answer and reply, and also from an order entered in said clerk’s office on the 15th day of January, 1918, granting defendant’s motion for judgment on the pleadings pursuant to which order the judgment was entered.
1Opinion of the Court
Kelly, J.:
The defendant moved for judgment upon the pleadings, consisting of the complaint, the answer, and a reply compelled by the defendant. The affirmative allegations of the defendant in the third defense pleaded, concerning the business carried on by it, the nature of the plaintiff’s work in the defendant’s factory, and the happening of the accident, amplify to some extent the formal allegations in the complaint. All of these allegations are, therefore, to be considered in passing upon the questions presented by the appeal. The complaint alleges, and it is admitted and affirmatively…
2Cases cited7 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Claim of Kenny v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Hart v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ortega v. Salt Lake Wet Wash LaundryUtah Supreme Court · 1945
- New Albany Box & Basket Co. v. DavidsonIndiana Supreme Court · 1920
- Claim of Decker v. Pouvailsmith Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Lucas v. Industrial CommissionUtah Supreme Court · 1945
- Murphy v. Elmwood Country Club, Inc.New York Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.