Legal Opinion

Albanese v. Stewart

New York Supreme Court

Decided December 15, 1912PublishedCited by 7 opinions

Demurrer to separate answers set up in answer of defendants.

1Opinion of the CourtCohalan, J.

Plaintiff demurs to two separate defenses set up in the answer of the defendants. He alleges that they are insufficient in law and that they fail to set up facts sufficient to constitute a defense. This is a common-law action brought by the plaintiff, a servant, against his master to recover damages for personal injuries sustained in the course of his employment in the state of Hew Jersey. The separate defenses are based on the Workman’s Compensation Acts of the state of New Jersey (Acts of 1911, chap. 95). It is conceded that the act was in force at the time of the accident and that…

2Cases cited3 opinions

  1. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
  2. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  3. Johnson v. Phœnix Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by7 opinions

  1. Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
  2. Grinnell v. WilkinsonSupreme Court of Rhode Island · 1916
  3. Consolidated Arizona Smelting Co. v. UjackArizona Supreme Court · 1914
  4. Pendar v. the H. B. American Machine Co.Supreme Court of Rhode Island · 1913
  5. Delaware, L. & W. R. v. PeckCourt of Appeals for the Second Circuit · 1918

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