Myrick v. Farm Bureau Mutual Automobile Insurance

This is an appeal from an order of the Special Term, Supreme Court, Cattaraugus County, denying plaintiffs’ motion to strike out paragraphs third and fourth of defendant’s answer. The motion is made under rule 109 of the Rules of Civil Practice on the ground that the defense pleaded is insufficient in law.

The action is one to recover damages for alleged depreciation in market value of four cows which were injured when struck by an automobile. It is based upon an indorsement of a policy of insurance covering loss sustained by reason of injury to or death of livestock on a public highway. Under…