Mulligan v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Mulligan, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Orange on the 26th day of May, 1904, denying the plaintiff’s motion for leave to serve an amended complaint.
1Opinion of the Court
Woodward, J.:
On the fourteenth day of January the plaintiff served a complaint in this action. On the eighteenth day of March the defendant answered. On the thirty-first day of March the plaintiff served an amended complaint. Both the original and amended complaints are conceded to have set out a good cause of action at common law for negligence resulting in personal injuries to the plaintiff, together with an allegation that the notice in writing required by the Employers’ Liability Act (Laws of 1902, chap. 600) had been served upon the defendant within the time required by the statute. On…
2Cases cited7 opinions
- Murray v. . New York Life Ins. Co.New York Court of Appeals · 1884
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1898
- Birdseye v. SmithNew York Supreme Court · 1860
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3Cited by5 opinions
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Kleps v. Bristol Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Schoenfeld v. Mott Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Finley v. ConlanAppellate Division of the Supreme Court of the State of New York · 1912
- Young v. William Bradley & SonAppellate Division of the Supreme Court of the State of New York · 1908