Paolo v. Hunter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cero. Mastro Paolo, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the. BOth day of January, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer'to the complaint. • •
1Opinion of the Court
Patterson, J.:
This is an appeal from an interlocutory judgment entered upon an order sustaining a demurrer to the complaint herein, the ground of the demurrer being that the complaint does not state facts sufficient to constitute a cause of action. The plaintiff seeks to recover damages for injuries sustained by him while at work as a laborer employed with others by the defendant in making an excavation in one of the public streets of the city of New York. .It is averred in the complaint that “ on July 15, 1895, and prior thereto,” the plaintiff was employed as stated, and that on that day “…
2Cases cited1 opinion
- Cullen v. . NortonNew York Court of Appeals · 1891
3Cited by1 opinion
- Felice v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897