Robinson v. Meding

Bramhall, J.:

Defendant in his appeal complains (1) that the allegations of negligence in plaintiff’s amended complaint should have been stricken as not alleging negligence on the part of defendant with sufficient particularity; (2) that there was no evidence that defendant breached any duty to plaintiff; (3) that the evidence showed that plaintiff was clearly guilty of contributory negligence or that he assumed the risk; (4) that plaintiff failed to prove damages to sustain the verdict of the trial judge.

Plaintiff raises the preliminary question as to whether this Court may in this appeal…