Gibson v. Meehan

Motion by plaintiff pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice to strike out the second separate and complete defense contained in paragraph of the -answer marked “ Sixth ” on the grounds that it appears on the face of said defense that the same is insufficient in law.

The first cause of action, to which the second separate and complete defense refers, is a wrongful death -action. In an accident which occurred on March 6, 1955, defendant’s intestate died from injuries on March 6, 1955. Plaintiff’s intestate died from injuries received in the same accident on March 9,…