Young v. William Bradley & Son
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Bradley & Son, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 3d day of March, .1908, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 7th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
Rich, J. (concurring):
The complaint alleges facts, separately stated and numbered, constituting a cause of action for a personal injury, first, under the common law, and, second, under the Employers’ Liability Act. This is permissible. (Mulligan v. Erie R. R. Co., 99 App. Div. 499; Kleps v. Bristol Mfg. Co., 107 id. 488; Acardo v. N. Y. Contracting & Trucking Co., 116 id. 793.) The notice served, however, was insufficient, it not stating the cause of the injury. (Miller v. Solvay Process Co., 109 App. Div. 135; Barry v. Derby Desk Co., 121 id. 810; Finnigan v. N. Y. Contracting Co., 122 id.…
2Cases cited3 opinions
- Miller v. Solvay Process Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Mulligan v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Hughes v. RussellAppellate Division of the Supreme Court of the State of New York · 1905