195 N.Y. 514
88 N.E 1129
Decided March 16, 1909
New York Court of Appeals · decided 1909-03-16
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1905, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have occurred through defendant’s negligence.
Good law ✅— No negative treatment on recordhow we know
Decided 1909-03-16
Cited by 5 later decisions — most recently March 1979
2 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1*515 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.
¶2 Concur : Cullen, Oh. J., Edward T. Bartlett, Werner, Willard Bartlett, Hiscook and Chase, JJ. Gray, J., is of opinion that the notice was not served in time.