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Ferguson v. Western Union Telegraph Co.

44 A. 849, 64 N.J.L. 222, 35 Vroom 222, 1899 N.J. Sup. Ct. LEXIS 57
CourtSupreme Court of New Jersey
DecidedNovember 13, 1899
StatusPublished
Cited by1 cases

This text of 44 A. 849 (Ferguson v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Western Union Telegraph Co., 44 A. 849, 64 N.J.L. 222, 35 Vroom 222, 1899 N.J. Sup. Ct. LEXIS 57 (N.J. 1899).

Opinion

Per Curiam.

The averment of the declaration that a telegraph wire broke and gave way at the point where it had been fastened to the pole, with such force that the plaintiff was by reason thereof thrown from the top of the pole to the ground, is not specific enough for good pleading. Race v. Easton and Amboy Railroad Co., 33 Vroom 536; Van Horn v. Railroad Co., 9 Id. 133.

But under these authorities proper practice requires that the deficient pleading be stricken out on motion only.

The demurrer is therefore overruled.

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Related

Taylor v. New Jersey Title Guarantee & Trust Co.
56 A. 152 (Supreme Court of New Jersey, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
44 A. 849, 64 N.J.L. 222, 35 Vroom 222, 1899 N.J. Sup. Ct. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-western-union-telegraph-co-nj-1899.