Payne v. New York, Susquehanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York, Susquehanna and Western Railroad Company, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the- county of Orange on the 1st day of October 1910.
1Opinion of the Court
Thomas, J.:
This is an appeal from an order denying defendant’s motion to make the complaint more definite and certain, wherein it alleges that the plaintiff was thrown from a car “ by a sudden and violent action of the train ” and a similar allegation that “ Said injuries were caused by the improper movement.of the train upon which, .plaintiff was at work,” and. also by setting forth plainly either a.' cause of action based on defendant’s common-law liability, or upon the New Jersey Employers’ Liability Act, or upon the Employers’ Liability Act passed by Congress in. 1908,* or by setting"…
2Cases cited2 opinions
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Payne v. NEW YORK, S. & W. R.Appellate Division of the Supreme Court of the State of New York · 1911