Truck Insurance Exchange v. Board of County Road Commissioners of Montcalm

FOX, District Judge.

This is a motion by plaintiff to strike allegations of contributory negligence from defendant’s answer under Rule 12 (f) of the Federal Rules of Civil Procedure.

The facts of the case, insofar as pertinent to this motion, are relatively straightforward. Plaintiff’s insured, Ivan St. John Company, owned a 1959 White semi-tractor which it leased to A & C Carriers, Inc., also insured by plaintiff under a lease agreement submitted to the court as plaintiff’s Exhibit 1.

In a collision March 13, 1962, with a truck owned and operated by defendant, the tractor owned by Ivan St. John…