Davidson v. Kalmbacher

Carey, J.:

If the averments of the fifth defense are true, they present a valid defense of imputed contributory negligence. 7-8 Huddy Automobile Law, 9th Ed., 353. See also Campbell v. Walker, 2 Boyce 41, 49, 78 A. 605; Igle v. People’s Railway Co., 5 Boyce 376, 93 A. 666. It cannot be held, therefore, that they are “redundant, immaterial, impertinent or frivolous”. If the averments are so “ambiguous, uncertain and indefinite” that plaintiffs cannot reasonably be required to fram'e a responsive pleading (and this seems doubtful), the proper motion is not one to strike under Rule 12 (f) but for…