Hurley v. . Olcott
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 22, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order deny, ing a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception of defendants to the court’s charge in respect to service of notice presents reversible error.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 22, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order deny, ing a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception of defendants to the court’s charge in respect to service of notice presents reversible error. (Moyle v. Jenkins, L. R. [8 Q. B. D.] 116.) The mailing of a notice properly addressed and postpaid merely raises a presumption that it has…
1Opinion of the Court
Cullen, Ch. J.
The action is brought under the Employers’ Liability Act (Laws 1902, Ch. 600), servant against master, to recover damages for personal injuries. The notice alleged to have been served seems, under our recent decision in Ber tolami v. United Engineering & C. Company (198 N. Y. 71), to be sufficient, and the only question necessary to consider on this appeal is as to the service of the notice. The plaintiff claimed to have made the service by mail; defendants denied receipt of the notice. The trial court charged the jury that if they found that the notice “ was actually written as…
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- Jacobs v. HookerNew York Supreme Court · 1847
- Radcliff v. Van BenthuysenNew York Supreme Court · 1847
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