Benson v. Morey

The sole claim of the plaintiff presented on this appeal, which she has taken from a judgment for the defendant in a negligence action, is that the trial court erred in refusing to permit her to strike out from her complaint an allegation that she was at all times in the exercise of due care. The action was returned to the first Tuesday of April, 1940, and the complaint containing the allegation in question remained without change up to the time of trial in February, 1942. When the case was reached, a good part of a day was spent by the court and counsel in getting ready for the trial, as the…