Majority
p. 950Charles O’Neill, Respondent, v. The Erie Railroad Company, Appellant.
Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the negligence for which a recovery was had is not sufficiently alleged in the complaint. (See Pagnillo v. Mack Paving & Construction Co., 142 App. Div. 491 .) Jenks, P. J., Hirschberg, Burr, Woodward and Rich, JJ., concurred.
Cases cited
- Pagnillo v. Mack Paving & Construction Co. 142 App. Div. 491 p. 950