Mattson v. Phœnix Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Phoenix Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of January, 1909, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s.office on the 13tli day of January, 1909, denying the defendant’s motion1 for a new trial made upon the minutes.
1Concurrence
Laughlin, J. (concurring):
I agree with Mr. Justice .McLaughlin that the notice was insufficient to warrant a recovery under the Employers’ Liability-Act. On the facts developed upon the trial the only theory upon which the defendant could be held liable would be that its superintendent'was guilty of negligence with respect to directing or overseeing the work of putting the casting in place. Of course if the “ cause ” required to be stated in such a notice is the immediate or physical cause of the injuries, then the notice would be sufficient, and the statement therein with respect to the…
2Cases cited2 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Ortolano v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907