31 Minn. 234 | Minn. | 1883
This is an action in which the plaintiff seeks to recover for injuries received by him while coupling two cars together as defendant’s employe. As 'negligence on defendant’s part, he alleges that “the draw-bars” of the coupling appliances of the two cars “were not properly fastened, and were loose, defective, and insufficient, and, on account thereof, would not and did not remain in their proper places when said cars were driven together, as was usual and necessary in making said coupling,” and in consequence thereof he was injured. The defendant moved to strike out the words “defective and insufficient” as irrelevant and redundant, or that as to them the complaint be made more definite and certain. From a denial of the motion defendant appeals.
We observe that of late appeals of this kind, often utterly without merit, and purely dilatory, are becoming so frequent as to occasion regret that the statute allows them. This is really an abuse of the right of appeal to this court, and, while it may not be in our power to enforce a remedy, it is to be hoped that it will not be continued.