Wies v. Fanning
New York Supreme Court
Motion to strike out, &c. The complaint states that the defendant, being the owner of certain premises in Albany, through his agents or servants, dug a ditch or trench, near said premises, extending across the sidewalk into the highway, and carelessly permitted the ditch or trench to remain open and uncovered, without fixing or placing any light near the same; and that, in consequence of such negligence and carelessness, the plaintiff’s wife, in passing along the street,…
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Motion to strike out, &c. The complaint states that the defendant, being the owner of certain premises in Albany, through his agents or servants, dug a ditch or trench, near said premises, extending across the sidewalk into the highway, and carelessly permitted the ditch or trench to remain open and uncovered, without fixing or placing any light near the same; and that, in consequence of such negligence and carelessness, the plaintiff’s wife, in passing along the street, accidentally fell into the ditch or trench, and thereby was greatly hurt, &c. The answer, after denying each and every…
1Opinion of the Court
Harris, Justice.
It is impossible to say how many defences the pleader, by whom this answer was prepared, supposed he had, or intended to state. There is nothing to indicate where he intended one defence should end, or another begin. Some of the allegations, too, are obnoxious to the objection that they are made hypothetically. It is not good. pleading to say, “ if *545any ditch or trench was dug, it was done without the knowledge, &c.;” or, “ if said Fanny fell therein, it was in consequence of her own fault, &c.;” or, “if such ditch or trench was dug, it was well and sufficiently guarded.” (See…
2Cited by8 opinions
- Squire v. . OrdemannNew York Court of Appeals · 1909
- Corn v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
- Taylor v. RichardsThe Superior Court of New York City · 1863
- Vincent v. SandsThe Superior Court of New York City · 1871
- Cohn v. GoldmanThe Superior Court of New York City · 1878
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