Allinger v. McKeown

This is an action for damages caused by the fall of a dumbwaiter in an apartment-house of which the defendant is the owner, and the plaintiff was a tenant. A special verdict was taken by way of answers to specific questions, the defendant’s motion to dismiss the complaint being reserved for further consideration. The point to which the motion is particularly addressed involves the sufficiency of the complaint. After alleging defendant’s ownership and control of the property, the complaint alleges as follows: “Second, That on or about and prior to the 1st day of April, 1897, the defendant…