Indianapolis & Cincinnati Railroad v. Rutherford

The suit was for injuries received by the plaintiff while a passenger on the defendant’s (now appellant) cars. The general denial was pleaded. A special answer, alleging that the injuries resulted from the carelessness of the plaintiff', was stricken out on motion, and this is assigned for error. It was right. The fact could properly be proved under the general denial.

For the same reason, as well as that it was in the discre- . tion of the court to allow, or not, a further answer after the cause was at issue, there was no error in a refusal of leave to file an additional paragraph, of the…