Cain v. Thompson-Starrett Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Thompson-Starrett Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of- the clerk of the county of Westchester on the 24th day of February, 1911, upon the verdict of a jury for $3,000, with notice of an intention to bring up for; review , an order denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The action is brought under the Employers’ Liability Act (Laws of 1902, chap. 600), as embodied in the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], §§ .200-204). The plaintiff has recovered a verdict, and the appeal is from the judgment only. The notice of appeal states that the appellant will bring up for review the order denying motion for a *415new trial, apparently pursuant to the provisions of section 1301 of the Code of. Civil Procedure allowing such incidental review from an interlocutory order. Without passing upon the propriety of the pecular practice, I…
2Cases cited4 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Buckley v. BeinhauerAppellate Division of the Supreme Court of the State of New York · 1910
- Boyle v. McNulty Bros.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Cain v. Thompson-starrett Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Cain v. Thompson-starrett Co.Appellate Division of the Supreme Court of the State of New York · 1913