Legal Opinion
Ames v. Pennsylvania Railroad
New York Supreme Court
Decided May 21, 1959Published
1Opinion of the CourtMichael Catalano, J.
Defendant moves for “ an order, pursuant to Rule 103 of the Rules of Civil Practice, striking out paragraph ‘ 6 subdivision ‘g’ of the plaintiff’s complaint, upon the ground that the allegations therein contained are frivolous, impertinent, redundant and will prejudice and embarrass the fair trial of the action ” and for an order directing the service of an amended complaint accordingly.
The objectionable allegations are: “ That there was long prior to, and on the date aforesaid a certain automatic signal light contrivance in common use at such crossings on said railroad and on well regulated…
2Cases cited22 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Elias v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1919
- Gerseta Corp. v. Silk Ass'nAppellate Division of the Supreme Court of the State of New York · 1927
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