Defrin v. Goldstein — 197 N.Y. 584

Majority

p. 584

Hayman Defrin, an Infant, by Max Defrin, His Guardian ad Litem, Respondent, v. Joseph H. Goldstein, Appellant.

Headnote

Defrin v. Goldstein, 129 App. Div. 895 , affirmed.

(Submitted January 7, 1910;

decided January 25, 1910.)

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.

E. Clyde Sherwood and Frank V. Johnson for appellant.

Clinton B. Taylor and Eugene I. Yuells, for respondent.

Judgment affirmed, with costs; no opinion.

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.