McGrath Building Company v. City of Bettendorf

Thompson, J.-

This ease comes to us upon an appeal from an order before final judgment, leave to appeal having beeu granted. It concerns rulings of the trial court which struck from defendant’s answer three affirmative defenses, and so we have before ns only the pleadings of the respective parties, with the court’s orders upon the plaintiff’s motions to strike.

The case as made by plaintiff’s petition is that on October 18,. 1956, the plaintiff was the owner of two dwelling houses located on Custer Terrace, an unpaved street in the defendant city. Several months prior to the date named, the…