Legal Opinion

Ferris v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 1907PublishedCited by 6 opinions

Appeal by the plaintiff; Charles D. Ferris, by Marie F. Ferris, his guardian ad litem, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of November, 1906, as requires the plaintiff to serve a verified bill of particulars. of his claim for damages. ...

1Opinion of the Court

Jenks, J.:

• The "plaintiff appeals from an order for .a bill of particulars. The action- is for an assault by the defendant’s servants upon the plaintiff *893when a passenger on one of defendant’s cars. I think a hill of particulars is proper in this case to reach justice and to afford the defendant fair opportunity for preparation to meet the issue. (Dwight v. Germania Life Ins. Co., 84 N. Y. 493.) The defendant is a eoi'poratiou which works many cars and employs a large number of men. • An allegation that on or about a certain day when the plaintiff was a passenger on a car of a specified line…

2Cases cited5 opinions

  1. Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
  2. Causullo v. Lenox Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. English v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Shepard v. WoodAppellate Division of the Supreme Court of the State of New York · 1907
  5. O'Neill v. Interurban Street RailwayAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by6 opinions

  1. Losie v. Royal Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Krstulja v. KrstuljaNew York Supreme Court · 1951
  3. Kist v. R. M. Haan & Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Schlank v. East River Savings BankAppellate Division of the Supreme Court of the State of New York · 1947
  5. Tomb v. Baltimore & O. R. Co.District Court, W.D. New York · 1933

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