Goodrum v. Jenkins

1. The defendant demurred generally to the petition on the ground that, from the facts and circumstances shown by the petition, it does not appear that the alleged negligence of the defendant was the proximate cause of the plaintiff's injuries.

Ordinarily questions of negligence, contributory negligence, and proximate cause are not matters of law to be determined by the court on demurrer. If the petition fails to set forth facts from which it appears that the defendant was negligent or that his negligence was the proximate cause of the plaintiff's injuries, the petition is subject to general…