Fleming v. Wabash R.

LINDLEY, Chief Judge.

Defendant moves to strike the complaint as to Thomas Fleming because it does not set forth a cause of action in favor of Thomas Fleming against defendant, and does not specify sufficiently damages suffered by plaintiff Thomas Fleming. The motion is in essence a motion to dismiss the complaint as to Thomas Fleming and will be treated as such.

Though the complaint is perhaps not a model of good pleading, I deem it sufficiently specific to withstand the motion. Plaintiff Thomas Fleming is the father of plaintiff William Fleming, the injured party. Chapter 68, Section 15,…