Hyperlawhypertext legal database Drew v. Central New England Ry. Co. 127 N.Y.S. 1118

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Drew v. Central New England Ry. Co.

127 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1911-03-03 English

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p. 1118
DREW v. CENTRAL NEW ENGLAND RY. CO.
(Supreme Court, Appellate Division Second Department.
March 3, 1911.)

Headnote

Appeal from Special Term, Orange. County. Action by Emanuel Drew, as administrator, etc., against the Central New England Railway Company. From an order denying defendant’s motion for a hill of particulars, it appeals.
Reversed, and motion granted.
William L. Barnett, for appellant.
Servin & Cox, for respondent.

The action is brought to recover the sum of $20,000 damages for the death of the plaintiff’s intestate, who was run over and killed by defendant’s cars while in the defendant’s employment. Issue appears to have been joined in September, 1910, and the case noticed for trial on the 3d day of October following, whereupon the defendant at once applied for a bill of particulars, and obtained an order to show cause, returnable on the date last named, on which day the order appealed front was made. We think the defendant is entitled to the particulars asked for. The plaintiff concedes that it is entitled to some of them. The order should therefore be reversed, and the motion granted. Order • reversed, with $10 costs and disbursements, and motion granted, with costs.