Rogers v. Watson

Court of Appeals of Texas

Rogers v. Watson

1 White & W. 162

CourtCourt of Appeals of Texas

DecidedJune 6, 1883

DocketNo. 2751, Op. Book No. 4

StatusPublished

This text of 1 White & W. 162 (Rogers v. Watson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rogers v. Watson, 1 White & W. 162 (Tex. Ct. App. 1883).

Pincite

Opinion

Opinion by

Willson, J.

§ 382. Contributory negligence; proof of, may be made under the general issue. While the authorities are somewhat conflicting, we think the rule may be considered as well settled, that it is not necessary to set up contributory negligence of plaintiff in a special plea, but that such negligence may be proved by the defendant under the general issue. [G Wait’s Act. & Def. sec. G, p. 600; Thomp. on Neg. p. 1179, sec. 26, and cases cited.]

Reversed and remanded.

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Opinion by

Willson, J.

§ 382. Contributory negligence; proof of, may be made under the general issue. While the authorities are somewhat conflicting, we think the rule may be considered as well settled, that it is not necessary to set up contributory negligence of plaintiff in a special plea, but that such negligence may be proved by the defendant under the general issue. [G Wait’s Act. & Def. sec. G, p. 600; Thomp. on Neg. p. 1179, sec. 26, and cases cited.]

Reversed and remanded.

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Bluebook (online)

1 White & W. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-watson-texapp-1883.