Legal Opinion

Hayes v. Hudson River Telephone Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1917PublishedCited by 1 opinion

Appeal by the defendant, Hudson River Telephone .Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 18th day of June, 1917, upon the verdict of a jury for $5,000, and also from an order entered in said clerk's office on the 20th day of June, 1917, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Sewell, J.:

The plaintiff’s assignor, Claude S. Hayes, was injured on the 24th day of September, 1903, while in the employ of the defendant by falling from a telephone pole. On the 16th day of July, 1904, he gave the defendant release under seal. This instrument after reciting the injury, the expenses incurred for medical and surgical attendance, the payment by the defendant of the wages of the employee during the time he was unable to work and an agreement on the part of the defendant to pay the bills and charges therein mentioned, stated that “ In consideration of the sum of one dollar…

2Cases cited1 opinion

  1. Eighmie v. . TaylorNew York Court of Appeals · 1885

3Cited by1 opinion

  1. Jiffy Sew Corp. v. PaarAppellate Division of the Supreme Court of the State of New York · 1968

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