Noreen v. William Vogel & Bros.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The plaintiff’s exclusive remedy was a proceeding for compensation under the Workmen’s Compensation Law. An award was made under that statute and that award has been paid.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The plaintiff’s exclusive remedy was a proceeding for compensation under the Workmen’s Compensation Law. An award was made under that statute and that award has been paid. In these circumstances the trial court erred in denying the defendant’s motion made at the opening of the trial to dismiss the complaint upon those grounds. (Nulle v. Hardman, Peck & Co., 185 App. Div.…
1Opinion of the CourtHogan, J.
The plaintiff, an infant, brought this action by his guardian ad litem to recover damages from defendant, a manufacturing corporation, for personal injuries alleged to have been sustained on February 15, 1916, while in its employ. Plaintiff at the time of the employment and accident from which he received the injuries complained of was under the age of sixteen years, and was employed without an employment certificate as required by the Labor Law. (Cons. Laws, ch. 31.) When seeking employment he had represented that he was seventeen years of age. The negligence charged to. defendant was that…
2Cases cited5 opinions
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
- Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
- Claim of Walker v. Clyde Steamship Co.New York Court of Appeals · 1915
- Boyle v. A. C. Cheney Piano Action Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by35 opinions
- Huffman v. Southern UnderwritersTexas Supreme Court · 1939
- Claim of Sackolwitz v. Charles Hamburg & Co.New York Court of Appeals · 1946
- Humphrees v. Boxley Bros.Supreme Court of Virginia · 1926
- Majlinger v. Cassino Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Whitney-Fidalgo Seafoods, Inc. v. BeukersAlaska Supreme Court · 1976
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