Lauterbach v. Fleischer

Frank 8. McCullough, J.

This is a motion by the plaintiff for an order pursuant to rule 109 of the Buies of Civil Practice to strike from the answer the defendant’s separate, distinct and affirmative defense contained in paragraphs “ 3 ” through “ 8 ” of the answer.

The complaint alleges that on or about July 2, 1960, the plaintiff was injured in an accident on the Pennsylvania Turnpike, while a passenger in an automobile owned and operated by the defendant. The accident occurred within the State of Pennsylvania. The complaint alleges that the injuries were sustained by reason of the…