Childers v. Samoset Cotton Mills

The questions presented for review on this submission relate to rulings of the trial court on demurrers to pleas of contributory negligence Nos. 6 and 7 as addressed to count A of the complaint. Plaintiff interposed many grounds of demurrer aptly raising the objections here insisted upon to the sufficiency of these pleas. These demurrers were overruled.

Upon careful study of plea No. 6, we think its natural and obvious meaning is that death resulted from negligence in picking up the bar under conditions known to be dangerous. Other averments of the plea recite the conditions from which the…