Smith v. . Milliken Brothers, Incorporated
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 15, 1909, affirming a judgment in favor of plaintiff and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The notice was insufficient to permit a recovery under the Employers’ Liability Act.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 15, 1909, affirming a judgment in favor of plaintiff and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The notice was insufficient to permit a recovery under the Employers’ Liability Act. (Finnigan v. N. Y. C. Co., 191 N. Y. 244; Logerto v. C. B. Co., 198 N. Y. 390; Miller v. S. P. Co., 109 App. Div. 135; Bovi v. Hess, 123 App. Div. 389; Flanagan v. C. C. Co., 134 App. Div. 236.) The complaint…
1Opinion of the CourtHiscock, J.
The action is brought under the Employers’ Liability Act by the respondent against the appellant, his employer, to recover for personal injuries. The latter, at its plant on Staten Island, was engaged in installing and adjusting a large machine with rollers and cogwheels, designed for straightening iron beams. One Miller was the superintendent having general charge of the work, and one Smith was his assistant, having power to give directions to plaintiff and other employees. Oil the occasion of the accident Smith directed the respondent to readjust a certain screw for the purpose of…
2Cases cited6 opinions
- Hurley v. . OlcottNew York Court of Appeals · 1910
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Logerto v. . Central Building Co.New York Court of Appeals · 1910
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Greif v. Buffalo Lockport & Rochester Railway Co.New York Court of Appeals · 1912
- Rodzborski v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Roelfs' Cousins v. WhiteOregon Supreme Court · 1915
- Adams v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1911
- Rogers v. PetersonAppellate Division of the Supreme Court of the State of New York · 1911
2 more not listed; retrieve them via the Exa API.