Campbell v. Joseph H. Bauland Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Joseph II. Bauland Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of May, 1899, vacating and setting aside two orders theretofore entered which required the plaintiff to submit to an oral and physical examination before trial, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on…
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Appeal by the defendant, the Joseph II. Bauland Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of May, 1899, vacating and setting aside two orders theretofore entered which required the plaintiff to submit to an oral and physical examination before trial, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 16th day of May, 1899, of which said order, entered May 22, 1899, is a resettlement.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages for personal injuries sustained by the falling of an elevator which was being operated in the store of the defendant, the claim being that the elevator was so negligently operated by the defendant that injury resulted to the plaintiff. The papers upon which the order for the examination was obtained show that the injuries claimed to have been sustained by *475the plaintiff are averred in the most general form and in these words: “ That the plaintiff was greatly hurt and injured, and suffered and still suffers great pain and agony, and became and…
2Cases cited3 opinions
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
- Farmers' National Bank v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1896
- Naab v. StewartAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Goldenberg v. ZirinskyAppellate Division of the Supreme Court of the State of New York · 1906
- Wolf v. Union Waxed & Parchment Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Graziano v. Eagle Pencil Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Wallace v. BaconAppellate Division of the Supreme Court of the State of New York · 1911
- Gilroy v. Inter-Borough-Metropolitan Co.New York Supreme Court · 1907