Denver City Tramway Co. v. Kennedy

delivered tiie opinion of the court:

This action was brought by the appellee to recover damages for personal injuries sustained upon account of the alleged negligence of the appellant company The defendant interposed two defenses: the first was a general denial of the alleged acts of negligence; the second was the affirmative, defense *419of contributory negligence upon the part of the plaintiff, without which it is alleged the accident would not have occurred. A replication was filed to the second defense, which denied all new matter therein contained. A trial by jury resulted in a' verdict and…