Welch v. . Waterbury Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The facts, so far as material on this appeal, may he found in Welch v. Waterbury Co. (144 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The facts, so far as material on this appeal, may he found in Welch v. Waterbury Co. (144 App. Div. 213), and the same case on a former appeal (136 App. Div. 315). The notice under the Employers Liability Act was…
1Opinion of the Court
The plaintiff, as an employee of the defendant, while rightfully in a passageway adjoining machinery used in the business of the defendant, slipped and in falling caught his hand between cogwheels revolving on one of said machines and sustained injuries for which this action is brought.
The notice served upon the defendant by the plaintiff did not sufficiently comply with the Employers' Liability Act (Laws of 1902, chap. 600, § 2) to sustain an action under the provisions thereof.
The notice was not simply informal, inartistic and vague, but wholly wrong in a material part. It stated a definite…
2Cases cited2 opinions
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Scott v. . International Paper Co.New York Court of Appeals · 1912
3Cited by6 opinions
- Finnegan v. Royal Realty Co.California Supreme Court · 1950
- Continental Public Works Co. v. SteinCourt of Appeals for the Second Circuit · 1916
- Welch v. Waterbury Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Kimmerle v. Carey Printing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Cloonan v. Arthur McMullen Co.Appellate Division of the Supreme Court of the State of New York · 1915
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