Shontz v. Torrey

REEVES, Chief Judge.

The motion for a more definite statement is directed against the averments of the complaint to the effect that the defendant through its agent and servant “negligently drove a motor truck into collision with plaintiff’s automobile * * It is the contention of the defendant that a more definite statement of this averment is necessary to “enable defendant properly to prepare a responsive pleading or prepare for trial.”

The Amended Rules of Civil Procedure, 28 U.S.C.A., have eliminated from Rule 12 (e) the original provision and language, “to enable him properly to prepare his…