Maynor Ex Rel. Reynolds v. Pressley

A plea of contributory negligence must allege negligent acts or omissions on the part of the plaintiff which contributed to his injury as one of its proximate causes. Skinner v. Jernigan, 250 N.C. 657, 110 S.E. 2d 301; Adams v. Board of Education, 248 N.C. 506, 103 S.E. 2d 854; Hunt v. Wooten, 238 N.C. 42, 76 S.E. 2d 326; Holderfield v. Trucking Co., 232 N.C. 623, 61 S.E. 2d 904; Tyson v. Ford, 228 N.C. 778, 47 S.E. 2d 251.

An allegation that a party was negligent is not enough. The ultimate facts alleged must be such as to permit a reasonable inference of some negligent act or omission on the…