
    FUNSOOSTEN, Respondent, v. SUMMIT FOUNDRY CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department,
    October 3, 1906.)
    Action by Hammond Funsoosten against the Summit Foundry Company.
   PER OURIAM.

Order reversed, with $10 costs and disbursements, and motion granted without costs. Held that, wherever the complaint alleges, after specifying defects, "or otherwise failed," etc., the order should require the plaintiff to state in what particulars the defendant failed to perform its duty to the plaintiff, in what respect the place where the plaintiff was at work was "otherwise" dangerous, and in what respect the plaintiff was "otherwise seriously in3ured." In case the plaintiff elects to strike these various allegations from the complaint, he will be permitted to do so, in which event the motion is denied, with $10 costs and disbursements in this court to the appellant; the form of the order to he settled by and before Mr. Justice SPRING on two days' notice.  