147 N.Y.S. 310 | N.Y. App. Div. | 1914
The action by an employee against his employer is for damages for negligence, the charge being that defendant had permitted the deck of a steamship, upon which plaintiff was working as a stevedore, to be wet and slippery. The accident happened in April, 1912. In the defense demurred to the defendant pleads: “ Upon information and belief, that any injuries which the said Joseph Robinson may have sustained at the time and place mentioned in the complaint, were caused by his own carelessness and negligence and in no way by negligence on the part of this defendant.” This was coupled with denials of knowledge or information as to the accident for which plaintiff sues. The demurrer has been sustained and this defense condemned because it fails to state the particular facts consti-
The question as to whether the ultimate fact or the probative or evidential facts from which the ultimate fact is to be deduced should be stated in a pleading is an old one which has
The interlocutory judgment appealed from must be reversed, with costs and disbursements, and the demurrer overruled, with costs.
Ingraham, P. J., McLaughlin, Clarke and Dowling, JJ., concurred.
Judgment reversed, with costs, and demurrer overruled, with costs, with leave to plaintiff to withdraw demurrer on payment of said costs.