Wilson v. New England Navigation Co.

Citations

• 197 F. 88
• 1912 U.S. Dist. LEXIS 1387

Syllabus

<p>1. Courts (§ 371*) — Federal Courts — Actions at Law.</p> <p>A federal court in. New York may, in conformity to Code Civ. Proa N. Y. § 803, require the defendant ,in an action by a servant for a personal injury alleged to have been caused by a defective appliance to produce such appliance for plaintiff’s inspection, which is in the nature of a discovery.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 907, 972-976; Dea Dig. § 371*</p> <p>Conformity of federal • courts to state practice, see notes to O’Connell v. Reed, 5 C. 6. A. 594; Nederland Life Ins. Co. v. Hall, 27 C. C. A. 393.],</p> <p>% Pleading (§ 317*) — -Action for Negligence — Bill of-Particulars.</p> <p>In an action in a federal court by a servant to recover for a personal injury alleged to have been caused by an appliance which was “unsafe, defective, imperfect and improperly’constructed'and applied,” defendant is entitled to a bill of particulars under Code,Civ. Proc. N. Y. § 531, to the extent of requiring plaintiff to specify in what the defect relied on consists.</p> <p>[Ed. Note. — For other cases, see Pleading, Cent. Dig. §§ 954-962; Dec. Dig. § 317.*]</p>