Schermerhorn v. Glens Falls Portland Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John I. Schermerhorn, from a judgment of the Supreme Court in favor of the defendant, entered' in the office of the clerk of the county of Washington on the 26th day of September, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Washington- Trial Term.
1Opinion of the Court
Chester, J.:
The learned trial justice put the dismissal of the complaint upon two grounds, first, that the plaintiff had not given the notice to his employer required by section 2 of chapter 600 of the Laws of 1902, within 120 days, stating the time, place and cause of the injuries he received, and, second, that under the facts as proven the plain*602tiff assumed the risks in doing, what he did at the tíme ¡hg was. injured. ' .
With respect to the first ground it may be said that since the trial the Court of Appeals has held that chapter 600 of the Laws of 1902 did not apply t,o a case where,, as…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
3Cited by1 opinion
- Di Stefeno v. Peekskill Lighting & RailroadAppellate Division of the Supreme Court of the State of New York · 1905