Taite v. Boorum & Pease Co.
New York Supreme Court
Trial of an issue of law raised by demurrer to the complaint that it does not state facts sufficient.
1Opinion of the Court
Gaykor, J.:
This complaint industriously alleges what the business of the defendants is, that the individual defendants are co-partners, and like irrelevant matters, but carefully refrains from alleging any facts constituting a cause of action. ■ After as many unnecessary and frivolous allegations as could very well be thought of, it finally alleges that it was the duty of the defendants in their business “ to use due diligence and reasonable care to avoid injuring passers by ” on the sidewalk in front of their. place of business, and then with much verbiage and illiteracy, that “ solely…
2Cited by5 opinions
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Whitten v. Nevada Power, Light & Water Co.U.S. Circuit Court for the District of Nevada · 1904
- Freedman v. Denhalter Bottling Co.Utah Supreme Court · 1919
- Coleman v. St. Michael's Protestant Episcopal ChurchNew York Supreme Court · 1915
- Levey v. PayneAppellate Division of the Supreme Court of the State of New York · 1921