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Warrine v. Eagle Wagon Works

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1909
131 App. Div. 924 (N.Y. App. Div. 1909)

Opinion

March, 1909.


Judgment and order affirmed, with costs. Held, that there was no liability at common law and that the case was properly submitted to the jury under the Employers' Liability Act; also that the notice prescribed by that act must be served before the commencement of the action. All concurred, except Kruse, J., who dissented upon the ground that service of notice under the Employers' Liability Act simultaneously with the summons was a compliance with that statute, and that erroneous rulings upon that question and others were made in submitting the case to the jury, which require a reversal of the judgment.


Summaries of

Warrine v. Eagle Wagon Works

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1909
131 App. Div. 924 (N.Y. App. Div. 1909)
Case details for

Warrine v. Eagle Wagon Works

Case Details

Full title:Joseph Warrine, Appellant, v. The Eagle Wagon Works, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1909

Citations

131 App. Div. 924 (N.Y. App. Div. 1909)