Fernet v. James Stewart & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Stewart & Company, Inc., from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of March, 1914, directing the defendant to serve a verified bill of particulars as to its defense of plaintiff’s contributory negligence and as to its defense that the injury was caused by the negligence of a coservant, and further, as to its defense that plaintiff had assumed…
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Appeal by the defendant, James Stewart & Company, Inc., from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 5th day of March, 1914, directing the defendant to serve a verified bill of particulars as to its defense of plaintiff’s contributory negligence and as to its defense that the injury was caused by the negligence of a coservant, and further, as to its defense that plaintiff had assumed the risk of the injury for which he claims damages.
1Opinion of the Court
Smith, P. J.:
In the complaint the plaintiff, after having detailed his injuries, in the 5th paragraph alleges:
" Fifth. That said injuries to said plaintiff were caused solely by reason of the wrongful act and acts, carelessness, *113negligence and default of defendant, and because of the wrongful act and acts, carelessness, negligence and default of defendant’s superintendent, persons intrusted by defendant with superintendence, employees, agents and persons intrusted by defendant with authority to direct, control and command said plaintiff while in defendant’s employ, and by reason of the…
2Cases cited6 opinions
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
- American Transfer Co. v. George Borgfeldt & Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Robinson v. Ocean Steamship Co. of SavannahAppellate Division of the Supreme Court of the State of New York · 1914
- Manning v. International Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1897
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3Cited by5 opinions
- DeRoire v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Egan v. Tishman & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Wigler v. Public Service Co-ordinated Transport Co.Pennsylvania Court of Common Pleas · 1932
- Giacumbo v. Public Service Co-ordinated TransportHudson County Superior Court · 1948
- Larrere v. MorseAppellate Terms of the Supreme Court of New York · 1916