Conner v. Southern Ry. Co.

D. Tennessee

Conner v. Southern Ry. Co.

1 F.R.D. 577, 1941 U.S. Dist. LEXIS 1989

CourtDistrict Court, D. Tennessee

DecidedJanuary 4, 1941

DocketNo. 111

StatusPublished

This text of 1 F.R.D. 577 (Conner v. Southern Ry. Co.) is published on Counsel Stack Legal Research, covering District Court, D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conner v. Southern Ry. Co., 1 F.R.D. 577, 1941 U.S. Dist. LEXIS 1989 (tennessed 1941).

Pincite

Opinion

TAYLOR, District Judge.

This is before me again on defendant’s motion to strike the second count of the complaint.

The motion is well taken, since there is again a commingling of common law and statutory negligence. To restate a ground of negligence does not add to the pleading, even if the rules permitted a commingling of grounds.

Let the declaration be amended to meet the objection, if the amendment is filed within the week of January 6, 1941.

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TAYLOR, District Judge.

This is before me again on defendant’s motion to strike the second count of the complaint.

The motion is well taken, since there is again a commingling of common law and statutory negligence. To restate a ground of negligence does not add to the pleading, even if the rules permitted a commingling of grounds.

Let the declaration be amended to meet the objection, if the amendment is filed within the week of January 6, 1941.

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Bluebook (online)

1 F.R.D. 577, 1941 U.S. Dist. LEXIS 1989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-southern-ry-co-tennessed-1941.