Legal Opinion · Dissent

Spitz v. New York Taxicab Co.

Appellate Terms of the Supreme Court of New York

Decided March 15, 1909Published

Appeal by the defendant from an interlocutory j udgment of the Municipal Oourt of the city of New York, third district, borough of Manhattan, rendered in favor of the plaintiff.

1Dissent

Dayton, J. (dissenting).

Plaintiff, a street sweeper, upon a free summons brought this action by an oral complaint, indorsed upon the summons, as for “ Personal Injuries,” etc. The defendant, as appears from the indorsements on the summons, on the return day (November 2, 1908), made a “ demand,” and November tenth was set down as the date for the “ answer.” On November sixth a bill *494of particulars, stating the date, hour and place of the accident, also setting forth the details of his serious injuries, his loss of employment between specified dates, and the expense of his medical attendance,…

2Cases cited1 opinion

  1. State Board of Pharmacy v. DaveyAppellate Terms of the Supreme Court of New York · 1907

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