Ortolano v. Degnon Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Degnón Contracting Company (a corporation), from an order of the Appellate Term of the Supreme •' Court, entered in the office of the clerk of the county of Mew York on the 12th day of December, 1906, affirming a judgment of the City Court of the city of Mew York in favor of-the plaintiff, entered in the office of the clerk of said court on the 18th day of January,. 1906, .upon -the verdict' of a jury for $900, and also affirming an order entered…
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Appeal by the defendant, The Degnón Contracting Company (a corporation), from an order of the Appellate Term of the Supreme •' Court, entered in the office of the clerk of the county of Mew York on the 12th day of December, 1906, affirming a judgment of the City Court of the city of Mew York in favor of-the plaintiff, entered in the office of the clerk of said court on the 18th day of January,. 1906, .upon -the verdict' of a jury for $900, and also affirming an order entered in said clerk’s 'office on the 23d day of January, 1906, denying the defendant’s m'otion for a new trial made upon the.…
1Opinion of the Court
Laughlin, J.:
Tlié action, is-brought by an employee to recover damages for personal injuries, alleged to have been sustained through the negligence of the defendant, his employer. The case was submitted to the jury upon the theory that the action was brought under the Employers’ Liability Act, so called (Laws of '1902^ chap. 600). We are of opinion that the judgment is erroneous for three reasons : (1) That, considered - as an action under the Employers’ Liability Act the notice given to the defendant .was insufficient; (2) that the facts did not bring the case within' the Employers’.…
2Cases cited2 opinions
- Chisholm v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Kiernan v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Finnigan v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bovi v. HessAppellate Division of the Supreme Court of the State of New York · 1908
- Glynn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Mattson v. Phœnix Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909