Miller v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Miller, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of May, 1915, overruling plaintiff’s demurrer to certain separate defenses set up in the answer.
1Opinion of the Court
Jenks, P. J.:
This action is for negligence whereby plaintiff was personally injured. The sole question presented is whether the defendant, who was not the master, can plead as a separate defense that the plaintiff, prior to the commencement of this action, made claim under the Workmen’s Compensation Law for compensation for his disability due to the accident (which is the basis of this action), and received an award of compensation. Section 29 of the said act reads: “ Subrogation to remedies of employee. If a workman entitled to compensation under this chapter be injured or killed by the…
2Cases cited7 opinions
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Birdsall v. CoolidgeSupreme Court of the United States · 1876
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Newark Paving Co. v. KlotzSupreme Court of New Jersey · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Geneva Construction Co. v. Martin Transfer & Storage Co.Illinois Supreme Court · 1954
- Travelers Insurance v. Brass Goods Manufacturing Co.New York Court of Appeals · 1925
- City of Birmingham v. WalkerSupreme Court of Alabama · 1958
- Hoehn v. SchenckAppellate Division of the Supreme Court of the State of New York · 1927
- Skakandy v. StateNew York Court of Claims · 1946
11 more not listed; retrieve them via the Exa API.