McCarthy v. New York Central & Hudson River Railroad
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Thomas McCarthy against the Hew York Central & Hudson River Railroad Company, for personal injuries caused by defendant’s negligence. Defendant appeals from an order denying a motion to strike out portions of the complaint, and to make it more definite and certain.
1Opinion of the CourtTitus, J.
This is an appeal from an order made at special term, denying
a motion to strike out portions of the plaintiff’s complaint as irrelevant and redundant, and to make it more definite and certain. The action is brought to recover damages sustained by the plaintiff for the negligence of the defendant. The complaint alleges that while in the depot, waiting to take the train, “it carelessly and negligently ran and propelled one of its cars upon and against the plaintiff, whereby be was injured,” etc. We think, under the practice followed by all of the courts, the complaint states with sufficient…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Hyatt v. McMahonNew York Supreme Court · 1857
3Cited by6 opinions
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- Hicks v. Serano, New York County Courts1911
- Cook v. MattesonSuperior Court of Buffalo · 1890
- Smith v. Parker, New York County Courts1915
- Cook v. MattesonThe Superior Court of New York City · 1890
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