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.