Louis E. Biehayn, an Infant, by Albert Biehayn, His Guardian ad Litem, Respondent, v. The New York City Railway Company, Appellant

Louis E. Biehayn, an Infant, by Albert Biehayn, His Guardian ad Litem, Respondent, v. The New York City Railway Company, Appellant. Second Department, January 10, 1908. Bill of particulars of personal injuries. When the plaintiff in an action to recover for alleged' permanent injuries alleges that his hip was bruised and injured, his nervous system shocked and injured and he was otherwise bruised and injured about the head, body and limbs,, he will be required to give a. bill of particulars specifying those injuries claimed to be permanent. The physical examination authorized by section 878 of the Code of Civil Procedure does not serve the purpose of a bill' of particulars. ' ■ Appeal by the defendant, The New York City Bailway Company, from an order of the Supreme Court, unade at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of July; 1907.- ■ Bayard H. Ames and Waller Henry Wood \Henry A. Robinson with them on the brief], for the appellant. Ralph G. Barclay [Robert Stewart with him on the brief], for the respondent. [MAJORITY — Miller, J.:] Miller, J.: This is an action for personal injuries. The defendant appeals from an order denying a motion for a bill of particulars respecting the plaintiff’s injuries. The complaint -contains a general allegation that the plaintiff was permanently injured, followed by a statement that “his left hip was bruised and injured, his nervous system was shocked and injured, and he was otherwise bruised and injured about the head, body and limbs.” It is well settled that in such case-the defendant is entitled to a bill of particulars specifying the injuries claimed to be permanent. - The. physical examination authorized by the Code of Civil Procedure (§ 873) does not serve the purpose of a bill of particulars. (Baker v. New York City Railway Co., 116 App. Div. 858; 102 N. Y. Supp. 276.) The order should be reversed and the motion granted, requiring the plaintiff to serve a bill of particulars specifying the injuries claimed to be permanent. Woodward, Gatnor and Bien, JJ., concurred; Hieschberg, P. J., not voting. Order reversed, with ten dollars costs and disbursements, and motion granted requiring the plaintiff to serve a bill of particulars specifying the. injuries claimed to be permanent, with costs.