Barber v. Krieg

The first question is the effect of the procedural manner in which this cause has come to this court. Plaintiff’s petition was ordered stricken from the files because she failed, according to the trial court, to make her petition definite and certain in that she did not allege in particular in what way defendant was negligent. When plaintiff elected to stand upon her petition, the court’s order followed because plaintiff refused to amend as ordered by the court. Plaintiff’s refusal to amend further was based upon the proposition that the petition, as it stood, stated in ordinary and concise…