| N.Y. App. Div. | Nov 15, 1897
The action was brought to recover damages for the negligent, killing of the plaintiff’s intestate, who fell from a scaffold on. which he was standing while working for the defendant as a plasterer. The defendant has not answered. It is not alleged in the moving affidavit that the plaintiff has any particular information or knowledge in regard to the matter which the defendant has not. It is stated, however, that the defendant has caused the facts connected with the alleged accident to be investigated, and after a diligent inquiry as to the erection of the scaffold andas to the material from which it is said to have been-made, and as to any other act of negligence tending to cause the accident, he has been unable to procure any information tending to support the allegations, in the complaint, and he cannot, therefore, imagine what facts the plaintiff intends to
■ The motion and order must be reversed, with ten dollars costs and disbursements, and motion denied, with ten -dollars costs.
Present — Van Brunt, P. J., Rumsey, Williams and Ingraham, JJ.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.