Bastek v. Lehigh & New England Railroad

In an action to recover damages for wrongful death and for injuries to property resulting from an accident at a grade crossing, the appeal is from an order denying appellants’ motion to strike out certain allegations of the complaint on the ground that they are irrelevant and redundant and may tend to prejudice appellants and deny them a fair trial (Rules Civ. Prac., rule 103). Order modified by striking from the first ordering paragraph the word “ denied ” and by substituting therefor the words and figures “ granted to the extent of striking from paragraphs Tenth and Thirteenth of the…