New York Court of Appeals
James W. Payne v. . New York, Susquehanna and Western Railroad Company
April 7, 1911201 N.Y. 436
Summary
The Court held that a plaintiff may plead common‑law negligence together with statutory negligence under the New Jersey Employers' Liability Act and the Federal Employers' Liability Act in a single cause of action, and that the plaintiff is not required to separate or number the statutory claims. Accordingly, the Appellate Division's order compelling separate pleading was reversed and the Special Term's order affirmed.