Chambers v. the Pennsylvania R. Co.

— Appellant filed his complaint against the appellee to recover damages for personal injury resulting from appellee’s negligence.

Appellee filed its motion to strike out from rhetorical paragraph four of the complaint the following: “wrongfully and tortiously permitted more trucks upon the platform than were conducive to the safety of the plaintiff in the discharge of his duties.”

The court sustained said motion and appellant elected to stand upon his complaint, and refused to plead further, and the court rendered judgment against appellant for costs.

The error assigned in this court is, that…