Tevington v. International Milling Co.

KNIGHT, District Judge.

Plaintiff moves under Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to require the defendant International Milling Company to furnish a bill of particulars of its affirmative defenses, to wit: contributory negligence and negligence on the part of fellow servants’.

The plaintiff mistakes his remedy. Section 12(e), supra, has doubtless been considered in more cases than has any other section of the Federal Rules of Civil Procedure. While earlier there were many divergent views as to the application of this section, the views of…