127 N.Y.S. 72 | N.Y. App. Div. | 1911
The action is to recover damages for the death of Pagnillo, defendant’s servant. The court denied a motion, made after the jury was impaneled, to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. What fact does the complaint state to charge defendant with negligence ? The allegations in effect are that the deceased, while engaged in work required of him under his employment suffered mortal injuries caused solely by the negligence “ of the defendant and of the per
Jenks, P. J., Burr, Carr and Rich, JJ., concurred.
Judgment and order reversed and new trial granted, costs to abide the event.