91 N.Y.S. 114 | N.Y. App. Div. | 1904
The plaintiff has attempted to set forth a cause of action for personal in juries due to the negligence of the defendants. The defendants have demurred on the ground that the complaint does not set forth facts sufficient to constitute a cause of action, and the plaintiff, under the provisions of section 537 of the Code of Civil Procedure, has moved the court to overrule the demurrer on the ground that it is frivolous, and this motion has been granted. The defendants appeal.
The complaint in this action is certainly not so clear and concise in its statement of facts that there is not room for a reasonable argument in support of the demurrer ; the plaintiff has attempted to set out an action both at common law and under the Employers’ Liability Act (Laws of 1902, chap. 600), and while it may be that, under the liberal rules applied to pleadings, a good cause of action may be proved under the allegations of the complaint, some of the defects called to our attention upon this appeal are worthy of consideration,
The order appealed from should be reversed and the motion denied, with costs.
All concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with costs.