Griebsch v. B. T. Babbitt, Inc.

— Appeal from an order granting plaintiff’s motion to strike out the affirmative defenses: First, of assumption of risk, and second, that the plaintiff’s exclusive remedy is a proceeding under the Workmen’s Compensation Law, and third, the defense of the fellow-servant rule. The motion was made under rule 109 of the Rules of Civil Practice, it being claimed that the defenses referred to were insufficient in law. Plaintiff’s complaint is based on two causes of action. The first cause of action is founded upon the violation of the common-law duties which rested upon the defendant; it is alleged…