O'Hara v. Ehrich
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Margaret J. O’Hara against Samuel W. Ehrich and others to recover damages for the death of her intestate. Defendants appeal from an order denying their motion for a bill of particulars.
1Opinion of the CourtTruax, J.
Counsel for plaintiff, in his brief on this appeal, stated that the plaintiff alleged the negligent act of the defendants that caused the death of the plaintiff’s intestate was the “shutting down the doors over a certain shaft or elevator way.” This statement by counsel is not correct. The complaint does not contain such an allegation, but it adds to it the allegation, “and the negligent and imperfect construction, management, and operation of said elevator thereat by defendants.” The allegation that plaintiff’s intestate was killed by reason of the negligent and imperfect construction,…
2Cited by2 opinions
- Burke v. FrenkelAppellate Division of the Supreme Court of the State of New York · 1904
- Stillman v. Brush Electric Light Co.New York Supreme Court · 1895