Carisen v. McKee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bernhart Carlsen, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 28th day of January, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The plaintiff — a servant of the defendants — brought this action under the provisions of the Employers’ Liability Act to recover *653damages for a personal injury which he claimed to have sustained through the negligence of the superintendent of the defendants. The complaint alleges the service of a notice in which the statement of negligence is limited to the following clause: “ The accident was due to the negligence of your Superintendent named Smith, nicknamed ‘ Bull Head ’ Smith.” The plaintiff was the only witness sworn upon the trial. He testified that he and other workmen were…
2Cited by1 opinion
- Rogers v. PetersonAppellate Division of the Supreme Court of the State of New York · 1911