197 N.Y. 584
91 N.E 1112
Decided January 25, 1910
New York Court of Appeals · decided 1910-01-25
<p>Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 27, 1908, affirming a judgment in favor of plaintiff and an order denying a motion for a new trial in an action by an employee to recover for personal injuries alleged to have been sustained through the defendant’s negligence.</p>
Decided 1910-01-25
¶1 Judgment affirmed, with costs; no opinion.
¶2 Concur: Cullen, Ch. J., Yann, Willard Bartlett, His-cock and Chase, JJ. Dissenting: Werner, J., on the grounds, first, that the plaintiff has failed to make out his charge of negligence against defendant, and, second, that the Employers’ Liability Act is entirely insufficient. Absent: Edward T. Bartlett, J.