Keairns v. Coney Island & Brooklyn Railroad
New York Supreme Court
Appeal from special term, Kings county; Charles F. Brown, Justice. Action by James Keairns, an infant, by his guardian ad litem,, Michael Keairns, against the Coney Island & Brooklyn Railroad Company, for injuries sustained by plaintiff being thrown from one of defendant’s cars, upon which he was employed as driver.
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Appeal from special term, Kings county; Charles F. Brown, Justice. Action by James Keairns, an infant, by his guardian ad litem,, Michael Keairns, against the Coney Island & Brooklyn Railroad Company, for injuries sustained by plaintiff being thrown from one of defendant’s cars, upon which he was employed as driver. Plaintiff appeals from an order requiring him to stipulate to give no testimony as to any defects in the running-gear or platform of the car other than those specified in his amended complaint, and, in default of his so stipulating, that he furnish a bill of particulars setting…
1Opinion of the CourtBarnard, P. J.
This action is brought to recover damages occasioned, as alleged, by defendant’s negligence. The plaintiff is a car-driver upon defendant’s road. The complaint contains an exceedingly general averment of negligence, in that the car he was driving was “out of repair, and in an unsafe and dangerous condition.” The complaint subsequently particularizes the defect, as to state that “on the plaintiff’s information and belief, that the dangerous and unsafe condition of said car was caused by the running-gear of said car being defectively constructed and out of repair; the ratchet-wheel and dog…
2Cited by1 opinion
- Stillman v. Brush Electric Light Co.New York Supreme Court · 1895