Lachenbruch v. Cushman
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Hugo Lachenbruch against Lewis Cushman and another. From an order of the City Court granting a motion for a bill of particulars, defendants appeal. Modified.
1Opinion of the CourtScott, J.
The defendants are entitled to fuller particulars than appealed gives them, but are by no means to all they ask. They should have such information as will enable them to ascertain which of their wagons and drivers were concerned in the accident, and otherwise to be protected against surprises at the trial. To this end they should be apprised of the exact time and place at which the accident is alleged to have occurred, and should be given, so nearly as the plaintiff can give it, a description of the wagon and horse or horses. If the plaintiff is unable for any reason to give a full…
2Cases cited1 opinion
- English v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Kavanaugh v. Commonwealth Trust Co.New York Supreme Court · 1904