MacDonald v. City of Beacon

Defendant moves under subdivision 5 of rule 106 of the Rules of Civil Practice to dismiss the £< Third ” and “ Fourth ” causes of action alleged in the amended complaint upon the ground that the same fail to state facts sufficient to constitute a cause of action. The complaint contains four causes of action, the ££ First ” and “ Second ” being to recover damages for personal injuries, and the ‘ ‘ Third ’ ’ and£ ‘ Fourth ” being statutory causes of action for wrongful acts resulting in death. The present motion, directed to the latter two causes of action, is based upon the contention that no…