House v. Meyer

California Supreme Court

House v. Meyer

35 P. 308, 100 Cal. 592, 1893 Cal. LEXIS 838

California Supreme Court·Decided December 29, 1893·No. No. 19283·Published·Cited by 29 cases

Opinion

De Haven, J.

The demurrer to the complaint was properly overruled. In an action like this, to recover damages resulting from the alleged negligence of a defendant, a general allegation of negligence upon the part of the defendant is sufficient. “The negligence is the ultimate fact to be pleaded, and is not a legal conclusion.” (Bliss on Code Pleading, sec. 211.)

Nor was it incumbent on the plaintiffs to allege that they were not guilty of contributory negligence. (Robinson v. Western Pac. R. R. Co., 48 Cal. 409.)

The appeal in this case is without merit.

Judgment and order affirmed.

McFarland, J., and Fitzgerald, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

De Haven, J.

The demurrer to the complaint was properly overruled. In an action like this, to recover damages resulting from the alleged negligence of a defendant, a general allegation of negligence upon the part of the defendant is sufficient. “The negligence is the ultimate fact to be pleaded, and is not a legal conclusion.” (Bliss on Code Pleading, sec. 211.)

Nor was it incumbent on the plaintiffs to allege that they were not guilty of contributory negligence. (Robinson v. Western Pac. R. R. Co., 48 Cal. 409.)

The appeal in this case is without merit.

Judgment and order affirmed.

McFarland, J., and Fitzgerald, J., concurred.

House v. Meyer, 35 P. 308, 100 Cal. 592, 1893 Cal. LEXIS 838 (Cal. 1893).

Pincite

35 P. 308 (House v. Meyer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related