Hasse v. Victoria Co-Operative Creamery Assn.

Gallagher, Chief Justice.

Appeal from a judgment entered on the pleadings after plaintiff’s reply was stricken as sham and frivolous.

The complaint alleges negligence by defendant in the maintenance of its premises, a creamery, and asks damages for injuries sustained by plaintiff while lawfully thereon. The answer admits the injuries, denies negligence on its part, and alleges contributory negligence and assumption of risk by plaintiff. It also alleges that plaintiff was engaged in the performance - of his duties as an employe of defendant at the time he was injured and that his injuries arose…