Auerbach v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Railroad Company, from an order of the Supreme Court, made at the. Erie Special Term and entered in the office of the clerk of the county of Erie on the 7th day of June, 1901, granting the plaintiff’s motion for the discovéry of certain articles of personal property in the possession of the defendant.
1Opinion of the Court
Adams, P. J.:
The plaintiff, who was formerly in the service of the defendant as a locomotive fireman, brings this action to recover for persona] injuries caused by the explosion of a boiler of one of the defendant’s locomotives, the claim being that the defendant negligently permitted the same to become defective, inadequate and unsafe.
The allegations of the complaint were put in issue by the defend- . ant’s answer, and thereafter the plaintiff rendered a bill of particulars pursuant to an order of the court in which it was stated that “ the defendant allowed the said locomotive boiler’s…
2Cases cited1 opinion
- Rice v. . EheleNew York Court of Appeals · 1874
3Cited by4 opinions
- Beyer v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Welsh v. GibbonsSupreme Court of South Carolina · 1948
- Ehrich v. RootAppellate Division of the Supreme Court of the State of New York · 1909
- Wilson v. CollinsNew York Supreme Court · 1908