Rosin v. Lidgerwood Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Rosin, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered on the 9th day of September, 1903, dismissing the plaintiff’s complaint, and also from an order entered on the 9th day of September, 1903, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Woodward, J.:
The plaintiff’s complaint was dismissed upon motion of the’ defendant, upon the ground that it did not state facts sufficient to constitute a cause of action, in that it did not allege the giving, of the notice required by section 2 of chapter 600. of the Laws of 1902, known as- the Employers’ Liability Act. There is no suggestion of any other defect in the complaint, which sets forth a good cause of action under the common law, and the questions presented-upon this appeal are whether the giving of the notice provided in the act mentioned is necessaiy to a recovery in this…
2Cases cited26 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- The HarrisburgSupreme Court of the United States · 1886
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
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3Cited by32 opinions
- Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
- Urbach v. UrbachWyoming Supreme Court · 1937
- Roberts v. MerrillSupreme Court of Oklahoma · 1963
- American Mutual Liability Insurance v. HamiltonSupreme Court of Virginia · 1926
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
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