Leeper v. National Lead Co.

COLLET, District Judge.

The issue presented by defendant’s motion for a more definite statement is whether the petition in this case states facts, which if true, are sufficient to warrant the application of the res ipsa rule. If facts are stated which justify the application of that rule no assignment of specific *122acts of negligence is necessary. If such facts do not appear from the petition, defendant is entitled to know in what particular plaintiff claims it was negligent. That part of the petition charging negligence is as follows:

“Plaintiff states that on and prior to the 4th day of June,…