Conner v. Southern Ry. Co.
District Court, D. Tennessee
Conner v. Southern Ry. Co., 1 F.R.D. 577 (1941)
1941 U.S. Dist. LEXIS 1989
Conner v. Southern Ry. Co.
Opinion of the Court
This is before me again on defendant’s motion to strike the second count of the complaint.
The motion is well taken, since there is again a commingling of common law and statutory negligence. To restate a ground of negligence does not add to the pleading, even if the rules permitted a commingling of grounds.
Let the declaration be amended to meet the objection, if the amendment is filed within the week of January 6, 1941.
Reference
- Full Case Name
- CONNER v. SOUTHERN RY. CO.
- Status
- Published