Atlantic Coast Line Railroad v. Wildman

(After stating the foregoing facts.) The averment in paragraph 8 that "if the said crossing had been kept and maintained by the defendant company according to the spirit of the road law,” the plaintiff’s " injury and damage would not have occurred, and therefore the defective condition of the crossing at that time was the proximate cause of the injury and damage to the plaintiff,” was imperfect as an allegation of proximate cause. It *750does not follow as a necessary legal conclusion that, because the injury would not have occurred but for the negligence of the defendant, such negligence…