Bovi v. Hess
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max Hess and another, 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 21st day of February, 1907, upon the verdict of a jury for $5,000, and also from' an order entered in said clerk’s office on the 18th day of February, 1907, denying the defendants’ motion for a new trial made upon the minutes.
1Concurrence
McLaughlin, J. (concurring):
I concur in the opinion of Mr. Justice -Lambebt in so far as he holds that the notice claimed to have been served by the plaintiff was defective and wholly insufficient to enable him to maintain the action under the Employers’ Liability Act (Laws of 1902, chap. 600).
I am also of the opinion that even if it be held that the notice was sufficient, then the evidence did not establish that the plaintiff’s injury was caused “by reason of the negligence of any person in the service of the employer entrusted with and exercising superintendence whose sole or principal duty…
2Cases cited5 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Crown v. . OrrNew York Court of Appeals · 1893
- McConnell v. Morse Iron Works & Dry Dock Co.New York Court of Appeals · 1907
- Abrahamson v. General Supply & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Lynch v. Shanley Co.Appellate Division of the Supreme Court of the State of New York · 1906