Legal Opinion
Heslin v. Lake Champlain & Moriah Railroad
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1905PublishedCited by 3 opinions
Appeal by the defendant, the Lake Champlain and Moriah Railroad Company,, from an order of the Supreme Court, made at the Clinton Special Term and entered in the, office of the 'clerk of the-county of Essex on the 4th day of - October, 1905, denying the (defendant’s motion for a, bill of particulars.
1Opinion of the Court
Smith, J, :
" The plaintiff’s intestate was a fireman upon one óf the defendant’s 'engines. ' On or about the 5th. day of October,. 1904 the engine, ■exploded, thereby causing his death. The action is brought for ■damages upon the claim that the death was caused by the negligence • of the defendant. The allegation,'of which a bill "of particulars is asked, is contained in the 3d paragraph of the complaint. It is there alleged ijhat the accident was. caused “ by the fault, neglect .and want of care on the part- of defendant, its officers, superin'tend■-ents, managing agents and employees^ in…
2Cases cited1 opinion
- Burke v. FrenkelAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Peabody v. Richard Realty Co.New York Supreme Court · 1910
- Waller v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Tomb v. Baltimore & O. R. Co.District Court, W.D. New York · 1933