Myles v. Ballston Terminal Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edwin Myles, from a judgment of the County Court of Saratoga county in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 2d day of June, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga County Court before the court and a jury, and also from an order entered in said clerk’s office on the 18th day of June, 1898, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Edwin Myles, from a judgment of the County Court of Saratoga county in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 2d day of June, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga County Court before the court and a jury, and also from an order entered in said clerk’s office on the 18th day of June, 1898, denying the plaintiff’s motion for a new trial made upon the minutes. Also, from an intermediate order, made at a term of the Saratoga County Court and entered in the…
1Opinion of the Court
Landon, J.:
The plaintiff wrought sixty-nine days as a laborer in the construction of the defendant’s railroad in October, November and December, 1897, supposing that he was in the employ of the defendant, which he now sues for his wages.
*145The trial court nonsuited the plaintiff, holding that he was not in the employ of defendant, but of one Cox, an independent contractor for the construction of the defendant’s railroad.
The defendant in 1896 and up to June, 1897, was engaged in the construction of its railroad near Ballston Spa, Saratoga county, and the plaintiff had been in its employ as a…
2Cases cited1 opinion
- Wick v. Fort Plain & Richfield Springs Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898