Laporte v. Cook
Supreme Court of Rhode Island
Action op Trespass on the case for negligence.
1Per curiam
The first count in the plaintiff’s declaration is bad in that the allegation, in effect, is that the negligence complained of was that of a fellow servant, for which the defendant, prima facie, is not liable. Di Marcho v. Iron Foundry, 18 R. I. 514. Said count is also bad in that it does not'state in what particular respect the defendant was negligent — that is to say, wherein the negligence consisted.
The second count is bad, for duplicity, in that it sets up several distinct and independent breaches of duty, viz.: (1) Neglect to furnish proper safeguards for the protection of the plaintiff;…
2Cited by4 opinions
- Weatherford, M. W. & N. W. Ry. Co. v. CrutcherCourt of Appeals of Texas · 1911
- Bird v. Utica Gold Mining Co.California Court of Appeal · 1906
- Boireau v. Rhode Island Co.U.S. Circuit Court for the District of Rhode Island · 1909
- Sutherland v. Buckeye Cotton Oil Co.District Court, S.D. Mississippi · 1919