O'Brien v. Seattle Ice Co.

Citations

• 43 Wash. 217
• 86 P. 399
• 1906 Wash. LEXIS 680

Syllabus

<p>Pleadings — Answers—Denials—Negative Pregnant. In an action for personal injuries caused by defendant’s runaway team, an answer admitting t£ie ownership of the teg,m and denying that part of the complaint (quoting the same) stating that the horses were wild and ungovernable and were well known so to he by the defendant, and had a habit of running away, is not bad as a negative pregnant, under code provisions abrogating that doctrine, to the effect that the pleadings shall be liberally construed, shall he subject to motion to make more definite, and that no variance shall be material unless the adverse party is misled to his prejudice; the answer sufficiently advising plaintiff of the allegations of the complaint he intended to deny, and no motion to make more definite having been made.</p> <p>Same — Motion to Make More Definite. Where an answer to a complaint admits part of a paragraph and denies the remainder, and there exists in the mind of the plaintiff any doubt as to the meaning of such denial, it is his duty under Pierce's Code § 402, to move to make the answer more definite and certain.</p>