Murray v. Gulf, Colorado & Santa Fe Ry. Co.

Trezevant & Franklin,

for plaintiff in error.—The office of a plea is the allegation of facts and not the deduction of inferences or conclusions, and contributory negligence being an inference from facts the pleader must state the facts from which contributory negligence may be inferred.

In actions for personal injury where plaintiff’s right to recover depends on his ignorance of the defect which caused the injury, knowledge of that defect is one of the material facts that defendant must allege in his answer.

Defendant pleaded not guilty, and as a plea of contributory negligence *3answered as…