Kelliher v. New York Central & Hudson River Railroad Co.

212 N.Y. 207, 105 N.E. 824 (1914)

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Kelliher v. New York Central & Hudson River Railroad Co.

New York Court of Appeals
212 N.Y. 207, 105 N.E. 824 (1914)

SH

Facts

Daniel Kelliher was injured through the negligence of his employer, Hudson River Railroad Company (Hudson) (defendant), in 1906. The statute of limitation for pursuing a claim for this tortious injury was three years. In 1912 Daniel Kelliher died. Sarah Kelliher (plaintiff) was appointed administratrix of the decedent’s estate. Sarah sued Hudson on behalf of the estate for negligence related to the injury sustained by Danial in 1906 under common law and under the Employers’ Liability Act. Hudson asserted a number of defenses related to the statute of limitations and lack of adequate notice within the required time frame under the Employers’ Liability Act. The trial court dismissed Sarah’s claims on the basis of the statute of limitations having passed. Sarah appealed.

Rule of Law

Issue

Holding and Reasoning (Werner, J.)

Dissent (Bartlett, C.J.)

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