Ruth v. Ruth

Mr. Justice Holmes,

delivered the opinion of the Court..The-questions presented in this case are whether or not the' declaration of the plaintiff states a cause of action for negligence against the defendant, and whether or not the declaration shows on its face that the plaintiff was guilty of proximate contributory negligence as a matter of law. The parties will he referred to as they appeared in the Trial Court. The Trial Judge sustained defendant’s demurrer to the declaration. The plaintiff has duly perfected his appeal to this Court. The declaration, insofar as it is material to the…