Mangan v. Hudson River Telephone Co.

Plaintiffs allege that their intestate was killed by reason of the concurrent negligence of the defendants. The defendant illuminating company demurs on three grounds. First, that two causes of action are improperly united; second, that there is a defect of parties defendant; and third, the complaint does not state facts sufficient to constitute a cause of action against the demurrant.

The first ground of demurrer is held insufficient on the authority of Lynch v. Elektron Mfg. Co., 94 App. Div. 408. As to the second, there are no facts alleged which justify an inference that the railroad…