Fernet v. James Stewart & Co.
New York Supreme Court
Action by Ovilion Fernet against James Stewart & Co., Incorporated. On motion by plaintiff requiring the defendant to serve a bill of particulars.
1Opinion of the CourtRudd, J.
[1-3] Motion by plaintiff requiring the defendant to serve a bill of particulars of the affirmative defenses set up in defendant’s answer, to wit: First. The facts which constitute the acts of contributory negligence, of which defendant claims plaintiff is guilty. Second. The name or names of the fellow servant or servants whose alleged negligence or fault caused or contributed to plaintiff’s injuries as alleged by defendant. Third. The facts showing the risks inher*2ent in the employment of the plaintiff and incident thereto as claimed by defendant.
An order for a bill of particulars should not…
2Cases cited6 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Dwyer v. SlatteryAppellate 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
- Szymanski v. Contact Process Co.New York Supreme Court · 1913
- Nickel v. AyerAppellate Division of the Supreme Court of the State of New York · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stern v. LaroccaNew Jersey Superior Court Appellate Division · 1958
- CONDENSER SERVICE, ETC., CO., INC. v. American Ins. Co.New Jersey Superior Court Appellate Division · 1957
- Blessing v. T. Shriver and Co.New Jersey Superior Court Appellate Division · 1967