Higgins v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendant, the Erie Railroad Company, from so much of an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 28th day of March, 1910, as denies the defendant’s motion for a bill of particulars as to three matters alleged in the complaint.
1Opinion of the Court
Woodward, J.:
This is an action to recover damages for personal injuries resulting in the death of plaintiff’s son. The cofnplaint alleges, in very general language, a cause of action growing out of an accident which occurred while the deceased was engaged in oiling machinery in defendant’s rail shop at Port Jervis, and the learned court at Special Term has granted defendant’s motion for a bill of particulars in respect to a portion of the matters alleged in the complaint, and denied the following of a like nature :
“1. In what respects and in what manner does plaintiff claim that the machinery…
2Cited by4 opinions
- Slocum v. Erie R.District Court, W.D. New York · 1929
- Gainer v. HinesAppellate Division of the Supreme Court of the State of New York · 1920
- Wojtczak v. American Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Tomb v. Baltimore & O. R. Co.District Court, W.D. New York · 1933