State of Maryland v. Branch Motor Express Co.

Plaintiffs seek to strike out as sham and frivolous (Rules Civ. Prac., rules 103,104) certain denials which the corporate defendant has interposed to the amended complaint. Specifically, plaintiffs move to strike out the denials of paragraphs “First,” “Second,” “Third,” “Ninth” and ‘' Twelfth ’ ’ of plaintiffs ’ pleaded first cause of action and the same denials where the answer repeats them as to other pleaded causes of action (answer, par. “ Sixth,” “ Seventh,” “ Fourteenth ” and “ Nineteenth ”).

Plaintiffs’ intestate, Joseph D’Agostino, met his death as a result of an automobile accident on…