Coughlin v. Blumenthal

Citations

• 96 F. 920
• 1899 U.S. App. LEXIS 3289

Syllabus

<p>Masher and Servants — Injuries to Servant — Action—Pleading—Demurrer.</p> <p>The degree of particularity required of the pleader largely depends on the circumstances of each case. A defendant is entitled to be apprised with reasonable particularity of the case against which he is called on to make defense, not only to prevent surprise at the trial but to obviate the labor and expense of preparing himself against claims on which the plain¡tiff may have no thought of relying. At the same time the right of a defendant to be informed of the issue he is called on to meet is not to be so extended as to require from the plaintiff such particularity of averment as, while not necessary to enable the defendant properly to prepare his defense, may unduly burden the plaintiff and needlessly subject him to the peril of a fatal variance at the trial.</p> <p>(Syllabus by the Court.)</p>