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

TAYLOR, District Judge.

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