Close v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

McCabe, J

The appellant sued the appellee in a complaint of three paragraphs, to recover for a personal injury to a minor, at the crossing of appellee’s railway by a public highway, caused, as is alleged, by the negligence of appellee.

The appellee filed certain interrogatories to the appellant, which were answered by him. Upon these interrogatories and their answers appellee moved to reject the complaint, on the ground that said complaint was false, and, therefore, a sham pleading, according to section 386, Burns’ R. S. 1894 (383, R. S. 1881). The circuit court sustained said motion, rejected…