Defendant came on and dug telephone wires. Plaintiff thought it was trespass, but defendant had an easement from previous owner. Court thinks the easement should have been raised as an affirmative defense, and is mad that the easement didn’t come out in discovery. Rule 8(c) is intended to prevent surprise on the plaintiff (gives plaintiff notice).
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Civil Procedure Cases and are similar to What is the Layman v. Southwestern Bell Telephone Co. case about?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.