Matrusciello v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lorenzo Matrnsciello, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 29th day of May, 1908, upon the dismissal of the complaint by direction of the court upon the pleadings at the Richmond Trial Term, and also from an order entered in said clerk’s office on the 29tli day of June, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Concurrence
Rich, J. (concurring):
This action is to recover damages for a personal injury. The complaint alleges facts sufficient to constitute a cause of action at common law, as well as a cause of action under the statute known as the Employers’ Liability Act, though not separately stated. This *664form of pleading is authorized, and a plaintiff may be permitted to recover when the evidence given upon the trial establishes a cause of action under either the common law or the Employers’ Liability Act. (Kleps v. Bristol Mfg. Co., 107 App. Div. 488; Acardo v. N. Y. Contracting & Trucking Co., 116 id. 793.)…
2Cases cited3 opinions
- Miller v. Solvay Process Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Kleps v. Bristol Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- O'Donnell v. John H. Parker Co.Appellate Division of the Supreme Court of the State of New York · 1908