Beatty v. McCutcheon

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The plaintiff is given twenty days in which to amend his complaint, on payment of costs. We are of opinion that the complaint does not state the facts constituting the causo of action. If negligence is a conclusion of fact, a cause of action may be stated by the use of that word alone; for we are admonished not to plead evidence (Civil Practice Act, § 241), and the ultimate fact should be pleaded. But negligence of a defendant is a violation of the duty which arises from certain stated facts,…