Greene v. New York, Ontario & Western Railroad

After a careful and considerate examination of the pleadings in this ease, I am forced to the conclusion that the demurrer to the plaintiff’s amended complaint must be overruled.

The complaint shows one good cause of action in the plaintiff in his individual capacity,- and I think an equally clear cause of action for the estate which he represents. I think, under the earlier authorities of this State, the complaint is subject to the objections raised by the demurrer, but under the Code of Civil Procedure there is no very serious doubt that the demurrer must be overruled. Each cause of action…