O'Neil v. Erie Railroad

128 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1911-03-24 English

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p. 1137

O’NEILL, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

March 24, 1911.)

Headnote

Action by Charles O’Neill against the Erie Railroad Company.

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 Company (Sup.) 127 N. Y. Supp. 72 .