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NEW YORK CENT. R. CO. v. DEVINE

No. 52.

23 F.2d 588 (1928)

NEW YORK CENT. R. CO. v. DEVINE.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

Francis E. Cullen and Purcell, Cullen & Pitcher, all of Watertown, N. Y., for plaintiff in error.

Thomas Burns, of Watertown, N. Y., for defendant in error.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

The complaint as originally drawn was confessedly bad. Garrett v. Louisville, etc., R. Co., 235 U.S. 308, 35 S.Ct. 32, 59 L. Ed. 242. The amendment was scarcely enough to satisfy the language of that case. It did not "set out facts or circumstances adequate to apprise the defendant with reasonable particularity that such loss in fact was suffered." We understand the Supreme...

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