Carmichael v. Timothy

Bell, Judge.

The first question to be determined is whether the trial court improperly overruled the defendant’s general demurrer, for if that ruling was error, the other proceedings were nugatory and the errors assigned as to them need not be reviewed.

1. With modifications, the doctrine that negligence of the plaintiff contributing to his injuries produced by the combined negligence of the plaintiff and defendant will bar the plaintiff from recovery is generally recognized throughout the United States. Prosser, Law of Torts, 2 Ed. § 51. While it has been criticized (and no one theory can ever…