Palmieri v. S. Pearson & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Palmieri, from a judgment of the Supreme Court in favor of the defendant, entered in the office, of the clerk of the county of Queens on the 21st day of August, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 19th day of July, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is by servant against master for negligence causing personal injuries. At the close of the case the trial court dismissed the complaint on the ground that the notice required under the Employers’ Liability Act was insufficient in that it omitted to give the cause of the injury. The notice read: “ You will please take notice that on or about the 28th day of September, 1905, I was in the employ of your company and on said day, while in your employ, I met with injuries which were inflicted through the carelessness and negligence of your company at your place of business at…
2Cases cited5 opinions
- Fallon v. . LawlerNew York Court of Appeals · 1886
- Corcoran v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1891
- Heffron v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Ryan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Glynn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Matrusciello v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1908
- Collelli v. TurnerAppellate Division of the Supreme Court of the State of New York · 1912
- Young v. William Bradley & SonAppellate Division of the Supreme Court of the State of New York · 1908