Stern v. Wabash R.
This text of 90 N.Y.S. 299 (Stern v. Wabash R.) 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.
Opinion
We think that in its order the learned court below too closely restricted the particulars of loss and damage in • this case. While, it is not the office of a bill of particulars to furnish the evidence, yet it should give the particulars of the cause of action and the nature and amount of damage in detail, where it is claimed as being suffered by many and diverse articles.
The order appealed from should be modified by requiring the particulars asked for in the 3d, 7th, 8th, and 17th subdivisions of the order to show cause, in addition to those granted upon the motion, and, as so modified, affirmed, without costs.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
90 N.Y.S. 299, 98 A.D. 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-wabash-r-nyappdiv-1904.