110 N.Y.S. 86 | N.Y. App. Div. | 1908
The complaint alleges that the defendants were the owners of a certain house, and that as the plaintiff was going along the street in
Instead of simply alleging that the blind fell by the negligence of the defendants in failing to have it safely fastened to the building (which would he scientifio pleading and all that was necessary), the learned pleader resorted to all this verbiage, which falls short of that one simple and essential allegation.
The judgment should he affirmed.
Rich, J.,concurred ; Jenks and Miller, JL, concurred in result; Hooker, J., dissented.
Interlocutory judgment affirmed, with costs.