Myers v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant. The Albany Railway, from orders of the Supreme Court, made at the Albany Special Term in each of the above-entitled actions, and entered in the office of the clerk of the county of Albany on the 25th day of February, 1896, denying the defendant’s motion for a bill of particulars.
1Opinion of the Court
Putnam, J.:
These cases were brought to recover damages for injuries to the plaintiffs caused by the explosion of a fly wheel operated by the defendant in its power house in the city of Albany.
The only allegation in the complaints alleging negligence on the part of the defendant is as follows: “ That the explosion of the said fly wheel was due to the carelessness and negligence and the want of proper care and skill on the part of the defendant or its agents, servants or employees.”
The complaints in these cases differ from that in the case of Maggie Pielil agclnst the same defendant, where we…
2Cases cited2 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Baker v. SuttonNew York Supreme Court · 1895
3Cited by1 opinion
- McFarland v. Consolidated Gas Co.U.S. Circuit Court for the District of Southern New York · 1903