LaDuke v. E. W. Wylie Co.

The defendant appeals from an order of the District Court striking that portion of the defendant’s answer which purports to set out an affirmative defense. The plaintiff and respondent has made a motion in this court for the dismissal .of the appeal upon the grounds that the challenged order is not appealable..

The plaintiff alleges in his complaint that on or about the 21st day of April, 1949, while driving a motor vehicle he was personally injured in a highway collision with a truók which was negligently driven by the defendant Nolly Hull who. was operating the truck as- an employee and…