Ithaca Trust Co. v. Driscoll Bros. & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Driscoll Brothers & Company, from an order of the Supreme Court, made at the Tompkins Trial and Special Term and entered in the office of the clerk of the county of Tompkins on the 31st day of March, 1914, requiring the defendant to furnish plaintiff with a bill of particulars.
1Opinion of the Court
Kellogg, J.:
Section 202a, added to the Labor Law by chapter 352 of the Laws of 1910, declares that contributory negligence of the injured employee is a defense to be so pleaded and proved by the defendant. The answer alleges that the plaintiff’s loss and damage was caused solely by reason of the negligence and carelessness of its intestate. The order appealed from requires the defendant to give a bill of particulars of the alleged acts of the plaintiff’s testator which caused the injury. The accident resulted in death, and the acts of the decedent and the acts causing the injury must be shown…
2Cases cited2 opinions
- Griffin v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Pennock v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by3 opinions
- Egan v. Tishman & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- McCallum v. Beau-Site Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Bowker v. DonnellDistrict Court, S.D. New York · 1915