Matrusciello v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lorenzo Matrnseiello, from a judgment of the Supreme Court in favor of the defendant, entered in the office of tlie clerk of the county of Richmond on the 17th day of June, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Richmond Trial.
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Appeal by the plaintiff, Lorenzo Matrnseiello, from a judgment of the Supreme Court in favor of the defendant, entered in the office of tlie clerk of the county of Richmond on the 17th day of June, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Richmond Trial. Term, and also from an order-entered in said clerk’s office on the 2d day of September, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jicnks, J.:
The servant Was dismissed at the- close of his, case against his master, on the ground that he had not made out a case- under the Employers’ Liability Act, or. Under the common law. The learned trial court also held that the- notice served under the said act was insufficient,' although we had by a divided court, held' otherwise (129 App. Div. 661). .The court thought that the dissentients expressed the law correctly, in view, of the decision in Finnigan v. N. Y. Contracting Co. (194 N. Y. 244), which was published after our judgment. But in view of the. latest decision of the Court…
2Cases cited11 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
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3Cited by2 opinions
- Karabalis v. E. I. Dupont de Nemours & Co.Supreme Court of Virginia · 1921
- Collelli v. TurnerAppellate Division of the Supreme Court of the State of New York · 1912