Gilliam v. Lumbermens Mutual Casualty Co.

AYRES, Judge.

This is an action in tort. Plaintiff appeals from a judgment sustaining an exception of no cause and of no right of action. The exception is predicated upon an alleged affirmative showing by plaintiff of contributory negligence on her part.

In giving consideration to the issues thus presented, the allegations of plaintiff’s petition must be considered in the light, and tested by the application, of certain well-established legal principles, reference to which will now be briefly made. A plea of contributory negligence is in the nature of a plea of confession or avoidance which…