Rodgers v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 28th day of April, 1915, upon the verdict of a jury for $3,250, and also from an order entered in said clerk’s office on the 28th of May, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The plaintiff seeks to recover damages for the death of her husband, a workman who was employed by the defendant as a section hand. His death occurred -September 12, 1910. On
*386October 25,1910, a notice of claim was served by plaintiff upon the defendant under the Employers’ Liability Act (Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], art. 14, as amd. by Laws of 1910, chap. 352). On November 1, 1910, the action was commenced. The original complaint stated facts to bring the action under the Compulsory Compensation Law (Laws of 1910, chap. 674, adding to Labor Law, art.…
2Cases cited4 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Matter of TaylorNew York Court of Appeals · 1912
- Tyndall v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1915
3Cited by2 opinions
- Chrosciel v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Chrosciel v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916