O'Donnell v. John H. Parker Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas O’Donnell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 20th day of November, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the New York Trial Term.
1Opinion of the Court
Laughlin, J.:
The complaint contains two counts. The first is at common law for damages for personal injuries sustained through the alleged negligence of the defendant and the second is under the Employers’ Liability Act, so called (Laws of 1902, chap. 600). Upon the trial the plaintiff offered in evidence, under the second count of the complaint, a notice claimed to conform to the provisions of the Employers’ Liability Act, as follows:
“To John J. Parker Company,
“225 Fourth Avenue,
“Borough of Manhattan,
“ City of New York.
“ Gentlemen.— Please take notice: That I, Thomas O’Donnell, have a claim…
2Cited by3 opinions
- Matrusciello v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1908
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Matrusciello v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1908