Agostino v. Pennsylvania R. Co.

MOSCOWITZ, District Judge.

These are two motions; one, by the defendant to dismiss the complaint, and the other, by the plaintiff for an order striking from defendant’s answer the fifth defense and so much of the first defense as denies the allegations contained in paragraph “IV” of the complaint.

Paragraph “IV” of the complaint is as follows: “At the time and place plaintiff was injured, as hereinafter described, he was in the employ of the defendant, and both plaintiff and defendant were engaged in interstate transportation, and at said time and place, all or part of plaintiff’s duties, as…