HUGO v. WADE


5 Misc.2d 451 (1957)

Theodore R. Hugo, Jr., as Executor of Theodore R. Hugo, Deceased, Plaintiff, v. John W. Wade et al., Defendants.

Supreme Court, Special Term, Ontario County.

March 25, 1957.


Attorney(s) appearing for the Case

Paul Reed Taylor for John W. Wade and another, defendants.

Albert E. Bond for plaintiff.


G. ROBERT WITMER, J.

Defendants Wade have moved for an order (a) dismissing the second cause of action of the complaint herein for failure to state facts sufficient to constitute a cause of action in that plaintiff does not allege freedom from contributory negligence on the part of his testator, and (b) striking out allegations in paragraph 7 of the first cause of action that defendants' conduct frightened plaintiff.

The second cause of action...

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