Devoe v. D., L. W.R.R. Co.

Plaintiff alleged that she suffered injuries as a result of the negligence of defendant. The answer denied this allegation, and set up, as a separate defense, that plaintiff "was guilty of contributory negligence immediately prior to and at the time of the happening of the occurrence resulting in the alleged injuries complained of by the plaintiff in her complaint." Plaintiff's reply denied this averment. There was annexed thereto a notice of plaintiff's intention to move, at or before the trial, to strike out this separate defense on the ground that it "does not specify wherein the plaintiff…