McElwain v. Wickwire Spencer Steel Co.

KNIGHT, District Judge.

This is a suit to recover on account of alleged negligence. Issue has not been joined. Defendant moves to strike certain portions of the complaint and for a bill of particulars.

Rule 8 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, requires that a pleading shall contain “a short and plain statement of the claim” and that each averment of a pleading shall be “simple, concise and direct.” It is not amiss to call attention to this rule, which has not been followed, though this motion is not made to strike the entire pleading.

While some of the…