Oswald v. Underpinning & Foundation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Underpinning and Foundation Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of January, 1913, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 9th day of January, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff sues his employer under the Employer's’ Liability Law for damages resulting from an accident happening during the course of the work. In our opinion the evidence fully justified the recovery, and we should not find it necessary to say anything further save for a question raised by the defendant as to the sufficiency of the notice of claim. On May 29, 1912, plaintiff served a notice of claim under the Employers’ Liability Law, and on June 3, 1912, served a complaint in which he referred to and relied upon the notice served on May twenty-ninth. On June first the…
2Cited by2 opinions
- Fitzgerald v. Brooklyn Institute of Arts & SciencesAppellate Division of the Supreme Court of the State of New York · 1916
- Spaguis v. American Locomotive Co.New York Supreme Court · 1914