Schnell v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of New York

Schnell v. Metropolitan Street Railway Co.

44 A.D. 619, 60 N.Y.S. 215

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1899

StatusPublished

This text of 44 A.D. 619 (Schnell v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schnell v. Metropolitan Street Railway Co., 44 A.D. 619, 60 N.Y.S. 215 (N.Y. Ct. App. 1899).

Pincite

Opinion

Per Curiam:

While the complaint in this case is subject to just criticism by reason of its unnecessary averments, yet it clearly appears from ail the allegations that the plaintiff charges the defendant with the operation of the railroad and the duty of maintaining the tracks in repair; and under these averments he may introduce any evidence showing the obligation either as owner or lessee. In this respect the averments are not to be treated as conclusions of law, but as averments of fact, at least sufficient to resist the motion to strike out. The order should be affirmed, with ten dollars costs and disbursements. All concurred.

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Per Curiam:

While the complaint in this case is subject to just criticism by reason of its unnecessary averments, yet it clearly appears from ail the allegations that the plaintiff charges the defendant with the operation of the railroad and the duty of maintaining the tracks in repair; and under these averments he may introduce any evidence showing the obligation either as owner or lessee. In this respect the averments are not to be treated as conclusions of law, but as averments of fact, at least sufficient to resist the motion to strike out. The order should be affirmed, with ten dollars costs and disbursements. All concurred.

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Bluebook (online)

44 A.D. 619, 60 N.Y.S. 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnell-v-metropolitan-street-railway-co-nyappdiv-1899.