Dragotto v. Plunkett
Appellate Division of the Supreme Court of the State of New York
Appeal by,the defendant, Charles Plunkett, from so much of an order of the Supreme Court, made at- the Kings- County Special' Term and entered in the office of the clerk of the county of Kings on the 15th day of February, 1906, as denies the defendant’s motion to strike out certain allegations of the complaint as irrelevant, etc,
1Opinion of the Court
Miller, J.:
The defendant in a, - negligence .action seeks .to settle,the law in advance of the trial by a motion to strike out an allegation of the . • complaint to the effect that the plaintiff, being between the ages of fourteen and sixteen years, was employed by the defendant in violation of sections 70 and 71 of the Labor Law x(Laws of 1897, chap. 415, as amd. by Laws of 1903, chap. 184, and Laws of 1905, chap. 518). The contention of the defendant is that as a minor bétween ' ■ 'the ages of fourteen and sixteen years may be employed in case the proper certificate is issued and filed, the…
2Cases cited2 opinions
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Sitts v. Waiontha Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Solomon v. Royal Art Glass Co.Appellate Terms of the Supreme Court of New York · 1913
- Kircher v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909