Borckmann v. Terry Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Terry Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of November, 1912, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 16th day of November, 1912, denying the defendant’s motion for a new trial.
1Opinion of the Court
Stapleton, J.:
The plaintiff recovered a judgment against the defendant for damages for personal injuries. The relation of master and servant existed between the parties.
There is no basis for plaintiff’s recovery unless he established liability under a statute of the State of New Jersey, known as chapter 83 of the Laws of 1909, and which is entitled “An act to extend and regulate the liability of employers for injury or death to employees in certain cases.” The act is similar in its essential provisions to chapter 600 of the Laws of 1902 of the State of New York entitled “An act to extend and…
2Cases cited2 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Kujava v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907