Lancaster v. Sweat

Oxner, Justice.

This is an appeal from an order striking the second defense of defendants’ answer upon the ground that it is irrelevant, immaterial and redundant.

It is alleged in the complaint that defendant Ellen V. Sweat negligently and recklessly drove her automobile into the corner of plaintiff’s residence causing extensive damage to the building and loss of the use of one room for a considerable period of time while necessary repairs were being made. The action was brought to recover the actual damages sustained as a result of said collision, together with punitive damages. For a first…