Conrad v. Dillinger

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from a ruling of the trial court striking from appellant’s answer a substantial portion of his defense.

Appellee Jack Conrad will be hereinafter referred to as plaintiff, and appellant Wayne Dillinger, as defendant. The pertinent portions of the pleadings may be summarized as follows:

The petition alleged that plaintiff was riding a saddle horse in an easterly direction on U. S. highway 160 approximately eight miles east of the city of Parsons, when the defendant negligently and carelessly drove his truck into the horse upon…