Majority
p. 954William Tompkins, as Administrator, etc., of Martha Tompkins, Deceased, Appellant, v. The Patchogue Manufacturing Company, Respondent.
Order modified by striking out the provision requiring plaintiff to elect between the causes of action alleged in paragraphs 3d and 4th of the complaint, or to separately state and number said causes of action. The complaint states but one cause of action. (Payne v. N. Y., S. & W. R. R. Co., 201 N. Y. 436 .) As so modified, order affirmed, without costs. Jenks, P. J., Thomas, Mills, Kelly and Jaycox, JJ., concurred.
Cases cited
- Payne v. New York, Susquehanna & Western Railroad 201 N. Y. 436 p. 954