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TALAROWSKI v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 1695.

135 F.Supp. 503 (1955)

William TALAROWSKI, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the Commonwealth of Pennsylvania, Defendant.

United States District Court D. Delaware.

November 8, 1955.

Attorney(s) appearing for the Case

Clement C. Wood (of Young & Wood), Wilmington, Del., for plaintiff.

James L. Latchum (of Berl, Potter & Anderson), Wilmington, Del., for defendant.

WRIGHT, District Judge.

This is a motion by the plaintiff under Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C. to strike the defendant's first affirmative defense. This motion is directed to both counts of the complaint and is predicated upon the assumption that the defendant's affirmative defense is insufficient in law.

A motion to strike an affirmative defense will be denied if the defense is sufficient...

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