Shepard v. Wood
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles £. Wood, 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 Westchester on the 9th day of May, 1906, denying the defendant’s motion for a bill of particulars.
1Opinion of the Court
Gaynor, J.:. The complaint is that the defend^Hran into the plaintiff with his automobile on September 3rd, 11TO4, on Bedford road near Cottage place, in the town of Mount Pleasant, Westchester county, while the plaintiff was driving his horse and cart there. This complaint is good whether the defendant was himself driving his" automobile, or in it at all. The cause of action will be made out if the defendant’s servant did the act. It will be also made out even though the date be the 2nd or 4th instead of the 3rd.
But the answer, instead of being a general denial, is a denial of the complaint…
2Cited by4 opinions
- Middleton v. StateSupreme Court of Florida · 1917
- Ferris v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Asbestos Textile Co. v. J. P. Devine Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Cutler v. SilversteinNew York Supreme Court · 1927