Braden v. Callaway

DARR, District Judge.

The defendant has filed a motion for a more definite statement or for a bill of particulars under authority of Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The case has been removed from a state court. The initial pleading was filed in the state court and makes claim for damages for personal injuries as a result of one of the defendant’s trains striking the plaintiff. The negligence alleged is, (1) breach of common law duty, (2) and (3) violations of state statutes, and (4) the violation of a municipal ordinance.

In determining a…