Munn v. Herriff

OPINION

By CONN, J.

The issues now before the court are raised on defendant’s motion to strike certain allegations from the petition on the ground that the several averments sought to be stricken do not charge a negligent act under the circumstances set forth in plaintiff’s petition. The issues raised by the motion have been submitted on briefs of counsel.

Under the Code of Civil Procedure it is incumbent on the plaintiff to plead ultimate facts in a clear and eoncise manner and as well, to avoid the pleading of legal conclusions, or irrelevant or inconsistent matter. "Whether or not a…