Kirby v. Turner-Day & Woolworth Handle Co.

DARR, District Judge.

By motion the plaintiff prays for an order requiring the defendant to make its answer more specific, or to file a bill of particulars, in two respects.(1) The third paragraph of the complaint charges that the plaintiff’s intestate was struck and killed by an automobile operated on behalf of the defendant by its employe, Skeen Thorne, in the course of his employment.

In response to this averment the answer admits that the car belonged to the defendant and was being operated by Skeen Thorne but neither admits or denies that Thorne was an agent of the defendant and that he…