Baker v. Sutton
New York Supreme Court
Appeal from special term. Action by Catherine S. Baker, as administratrix of Warren M. Baker, deceased, against John H. Sutton and Conrad F. Suderley, Jr., for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendants while intestate was in their employ, drawing sand on their premises. From an order denying a motion to require plaintiff to furnish a further bill of particulars, defendants appeal.
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Appeal from special term. Action by Catherine S. Baker, as administratrix of Warren M. Baker, deceased, against John H. Sutton and Conrad F. Suderley, Jr., for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendants while intestate was in their employ, drawing sand on their premises. From an order denying a motion to require plaintiff to furnish a further bill of particulars, defendants appeal. The allegations of the complaint as to the happening of the accident and defendants’ negligence in regard thereto are as follows: “Second. That on or about the…
1Opinion of the CourtHerrick, J.
The office of a bill of particulars is to apprise the adverse party of the specific charges made against him, so that he may know exactly what he must prepare to defend. It serves as an amplification of the pleading, and limits the party making it to proof of the things specified. The fourth clause of plaintiff’s bill, “that the said defendants were negligent in other respects, whereby plaintiff’s intestate’s death was caused,” obviously does not give the defendants any notice of what they must be prepared to meet upon the trial. Under it no limitation can be imposed as to proof upon the…
2Cited by1 opinion
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