House v. Meyer

California Supreme Court

House v. Meyer

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

CourtCalifornia Supreme Court

DecidedDecember 29, 1893

DocketNo. 19283

StatusPublished

Cited by29 cases

This text of 35 P. 308 (House v. Meyer) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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