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Randall v. Bixby

Court of Appeals of the State of New York
Mar 16, 1909
88 N.E. 1129 (N.Y. 1909)

Opinion

Argued March 1, 1909

Decided March 16, 1909

Benjamin Scharps, David Scharps and Henry L. Scheuerman for appellant.

Frank E. Smith for respondent.


Judgment affirmed, with costs, on the ground that the negligence complained of was that of a fellow-servant in a detail of the work discharged by a fellow-servant. The court is of opinion that the notice under the Employers' Liability Act was served within the time prescribed by law; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ. GRAY, J., is of opinion that the notice was not served in time.


Summaries of

Randall v. Bixby

Court of Appeals of the State of New York
Mar 16, 1909
88 N.E. 1129 (N.Y. 1909)
Case details for

Randall v. Bixby

Case Details

Full title:MARTIN H. RANDALL, as Administrator of the Estate of CONRAD E. RANDALL…

Court:Court of Appeals of the State of New York

Date published: Mar 16, 1909

Citations

88 N.E. 1129 (N.Y. 1909)
88 N.E. 1129