Kempel v. Streich

HAMILTON E. ENGLERT, District Judge.

These appeals are from the district court orders dated February 26, 1971, granting each plaintiff’s motion to strike from the defendant’s answer to the amended complaint in each case the defenses of (1) contributory negligence, (2) assumption of risk, and (3) election of remedies.

The pleadings in each action indicate that the plaintiffs, Mr. Kempel and Mr. Schwab, were temporarily employed by the defendant during the process of construction of his potato warehouse located at Englevale, North Dakota. On October 18, 1967, during the course of their…