North River Barge Line, Inc. v. Grace Line, Inc.
North River Barge Line, Inc. v. Grace Line, Inc.
Opinion of the Court
Libellant moves for an order striking out respondent’s answer and in the alternative-directing respondent to file and serve a more full and complete answer.
Specific exception is taken to paragraph. “Eighth” of the answer, in which respondent “denies that there was any fault, neg
Respondent’s answer creates definite issues of fact and puts in issue:
(1) the negligence of respondent
(2) the quantum of damage to the scow —which it is alleged is over and above the result of ordinary wear and tear.
“The purpose of pleading is to create issues of fact to be tried.” The Neaco, D.C., 47 F.2d 643, 647. The answer does accomplish just this and complies with the requirements of Admiralty Rule 26, 28 U.S.C.A. following section 723.
The motion to strike out respondent’s answer or direct him to file a more full and complete answer is therefore denied.
Reference
- Full Case Name
- THE CREEK. NORTH RIVER BARGE LINE, Inc. v. GRACE LINE, Inc.
- Status
- Published