Damelio v. Machi

This is a motion under rule 103 of the Rules of Civil Practice for an order requiring the plaintiff to serve an amended complaint herein which will omit certain portions of paragraph seventh and paragraph eighth in its entirety of the original complaint on the ground that said allegations are unnecessary, irrelevant, and will tend to he prejudicial to the defendant at the trial of the action.

The part of paragraph seventh which is objected to reads as follows: ‘ ‘ That said injuries and damages were caused solely through the negligence of the defendant * * * in that the defendant violated the…