Webster v. Fitchburg Railroad
New York Supreme Court
Motion for a bill of particulars in an action to recover damages. for alleged negligence of the defendant, among other things in failing to employ suitable means to prevent the escape of sparks and fire from its engines, and thus setting fire to certain trees of the plaintiffs, and destroying the same.
1Opinion of the CourtChase, J.
The answer herein is a denial of any knowledge or information sufficient to form a belief as to the principal allegations of the complaint. The motion is based on the pleadings and on the affidavit of the attorney for the defendant.
It is only in an action on an account that a bill of particulars may be directed on inspection of the pleadings. In every other case a motion for a bill of particulars is addressed to the discretion of the court, and must be founded upon affidavits showing the necessity for the bill of particulars. Badger v. Gilroy, 21 Misc. Rep. 466.
The affidavit herein does not…
2Cases cited6 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Constable v. HardenberghNew York Supreme Court · 1894
- Mayer v. MayerAppellate Division of the Supreme Court of the State of New York · 1898
- Wales Manufacturing Co. v. LazzaroAppellate Terms of the Supreme Court of New York · 1897
- Badger v. GilroyAppellate Terms of the Supreme Court of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rubinfeld v. StoltsNew York Supreme Court · 1916