Brand v. Union Railway Co.

This is a motion by the plaintiff to strike from the defendant’s answer paragraphs fourth and fifth, constituting the *225second and third separate and complete defenses. The action is brought to recover damages for personal injuries arising out of defendant’s alleged negligence in the operation of a street car. The complaint alleges that the accident happened on July 10, 1929, while the plaintiff was an infant, and that this action is commenced within one year after plaintiff reached his majority.

The answer, in addition to a general denial, pleads three separate defenses. The first defense, not…