Acardo v. New York Contracting & Trucking Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sebastian Acardo, as administrator, etc., from 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 Richmond on the 22d day of September, 1906.
1Opinion of the Court
Woodward, J.:
The plaintiff set forth an action, based upon the defendants’ nég^ligence, alleging various grounds of negligence, including common-law grounds and those arising under the Employers’ Liability Act (Laws of .1902, chap. 600), and set forth,'as it is claimed, that One John Gahler was in the defendants’, employ operating a dirt train, for the purpose of gaining an admission of this fact in the pleadings, thus saving the trouble of proving a fact which was involved in the case. The defendants moved for an order striking out as “ redundant and irrelevant ” this allegation in inference…
2Cases cited2 opinions
- Mulligan v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Carpenter & Wilcox v. West & Van BenthuysenNew York Supreme Court · 1850
3Cited by10 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Payne v. New York, Susquehanna & Western RailroadNew York Court of Appeals · 1911
- Kinney v. Hudson River RailroadNew York Supreme Court · 1916
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Payne v. New York, Susquehanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1910
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