Murtagh v. Joline
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the City Court of the city of blew York, entered in favor of the plaintiff, after a trial before the court and a jury, and from an order denying defendants’ motion for a new trial.
1Opinion of the CourtPage, J.
This is an action brought by an employee to recover damages for the alleged negligence of the defendants. At the beginning of the trial the plaintiff’s counsel stated that he “ desired to proceed against the defendants on their liability as the same is extended by section 42a of the Railroad Law.” Defendants’ counsel objected to the case being tried under a different theory than that set forth in the complaint. The objection being overruled, he moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action under section 42a of the Railroad…
2Cases cited2 opinions
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Schradin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Murtagh v. JolineAppellate Division of the Supreme Court of the State of New York · 1911