Pierce v. Atlantic, Gulf & Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert Pierce, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 15th day of April, 1913, upon the dismissal of the complaint by direction of the court at the close of the case upon a trial before the court and a jury at the Saratoga Trial Term, and also from an order entered in said clerk’s office on the same day dismissing the complaint and setting aside the verdict…
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Appeal by the plaintiff, Albert Pierce, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 15th day of April, 1913, upon the dismissal of the complaint by direction of the court at the close of the case upon a trial before the court and a jury at the Saratoga Trial Term, and also from an order entered in said clerk’s office on the same day dismissing the complaint and setting aside the verdict of the jury in plaintiff’s favor.
1Opinion of the Court
Woodward, J.:
This action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant. The complaint originally alleged two causes of action, one under the Employers’ Liability Act and the other at common law, no particular difference appearing in the two counts, except that in one there was an allegation of service of the notice required by the statute. During the trial the first cause of action was abandoned, and the questions involved in this appeal relate wholly to the common-law action, supplemented by section…
2Cited by2 opinions
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
- Vanderbilt Amusement Co. v. RoyceAppellate Division of the Supreme Court of the State of New York · 1926