Gray v. Heinze

This is a motion for judgment on the pleadings which are the complaint and demurrer of said defendants severally made. Every allegation of fact in the complaint and all reasonable inferences therefrom are admitted. If then a cause of action in plaintiff’s favor against a defendant is stated, by demurring he admits it and practically confesses judgment.

The complaint alleges the organization of the Rochester, Corning and Elmira Traction Company, a domestic corporation, about July 25, 1906, pursuant to the Railroad Law, to build an electric surface railroad from Rochester to Elmira, 120 miles,…