Uss v. Crane Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Crane Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of February, 1910, denying the defendant’s motion to require the plaintiff to make the complaint more definite and certain:/
1Opinion of the Court
Clarke, J.:
The plaintiff sues to recover damages for the death of his decedent, caused, it is alleged, by the negligence.of the defendant, his employer, on August 3,1909. The complaint contains allegations appropriate to an action under the common ■ law as well as to an action brought under the Employers’ Liability Act. Paragraph VIII thereof is as follows : “ That heretofore and prior to the commencement of this action, the plaintiff duly caused notice of the time, place and cause of said injuries and death to be given to the defendant pursuant to the statute in such case made and provided.”
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2Cases cited9 opinions
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
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3Cited by5 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Payne v. New York, Susquehanna & Western RailroadNew York Court of Appeals · 1911
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Lass v. Volk Housewrecking Co.Appellate Terms of the Supreme Court of New York · 1911
- Lass v. Volk Housewrecking Co.Appellate Terms of the Supreme Court of New York · 1911