Legal Opinion
Kelliher v. New York Central & Hudson River Railroad
New York Supreme Court
Decided July 15, 1912PublishedCited by 1 opinion
Trial of issues of law raised by plaintiff’s demurrer to certain defenses.
1Opinion of the CourtClark, J.
The complaint in this action alleges that Daniel Kelliher, plaintiff’s intestate, while in the employ of defendant, (was injured November 22, 1906, through defendant’s negligence, and that as the result of said injuries he died February 24, 1912.
The defendant by its answer alleges that the cause of action was not brought within three years after the accident occurred, and that notice was not served within 120 days thereafter, under the employer’s liability provisions of the Labor Law, and also that the action was not brought within one year after the happening of the accident.
Plaintiff demurs…
2Cases cited5 opinions
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- Hodge v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Conway v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Casey v. Auburn Telephone Co.New York Supreme Court · 1911
3Cited by1 opinion
- Kelliher v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912