Schradin v. New York Cent. & H. R. R.
New York Supreme Court
Action by one Schradin, as administrator; against the New York Central & Hudson River Railroad Company. Verdict for plaintiff. Motion to set aside the verdict and for a new trial. Denied.
1Opinion of the CourtPlatzek, J.
Upon the objections of defendant, the plaintiff elected to try this suit on the theory of a common-law action for negligence, and not under the provisions of the employer’s liability act of 1903. It was objected that the allegations of plaintiff’s complaint and the form of notice served were insufficient to sustain his cause of action under the said statute of 1903. The complaint sets forth a complete common-law action. The notice of claim pleaded and served may be treated as surplusage. An inartistic pleading is not necessarily insufficient or fatal. The plaintiff invoked the benefit and aid…
2Cases cited6 opinions
- People v. . CannonNew York Court of Appeals · 1893
- B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
- Howard v. . MootNew York Court of Appeals · 1876
- Indianapolis Union Railway Co. v. HoulihanIndiana Supreme Court · 1901
- Hinckley v. Schwarzschild & Sulzberger Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by2 opinions
- Vroom v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Vroom v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909