Holmstrom v. Ward
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, John Holmstrom, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of February, 1912, upon the dismissal of the complaint by direction of the court at-the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 9th day of March, 1912, denying the plaintiff’s motion to set aside the…
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• Appeal by the plaintiff, John Holmstrom, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of February, 1912, upon the dismissal of the complaint by direction of the court at-the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 9th day of March, 1912, denying the plaintiff’s motion to set aside the dismissal of said complaint and for a new trial made upon the'minutes.
1Opinion of the Court
Laughlin, J.:
The complaint was dismissed pursuant to a direction of the court on motion of the defendants at the close of the plaintiff’s *643evidence. The plaintiff was in the employ of the defendants as an ironworker and on the 22d day of January, 1909, while so employed in the erection of a building at the northeast corner of Thirty-first street and Sixth avenue, borough of Manhattan, New York, he sustained personal injuries and this action is brought under the Employers’Liability Act to recover damages therefor. We are of opinion , that the notice served by the plaintiff was a sufficient…
2Cases cited4 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Buckley v. BeinhauerAppellate Division of the Supreme Court of the State of New York · 1910
- Buckley v. . BeinhauerNew York Court of Appeals · 1911
- Impellizzieri v. CranfordAppellate Division of the Supreme Court of the State of New York · 1912