Smith v. Louisville N. R. Co.

At the outset, we are invited to a consideration of the sufficiency of the contributory negligence pleas as answers to the simple negligence count of the complaint. For convenience we will restate some of the principles of the law of pleading which seem to have application. Such plea is not sufficient without stating the facts constituting the contributory negligence relied on. Dwight Mfg. Co. v. Holmes, 198 Ala. 590, 73 So. 933, citing a large number of our cases to the same effect. Where the facts alleged import contributory negligence per se, it is not necessary expressly to characterize…