Ed Smith & Sons, Inc. v. Mathis

I agree with the majority opinion, but feel that some statement should be made of the basis for affirming the overruling of special demurrer numbered eight to paragraph 15 (c) of the petition which alleged that the driver of the tractor or earth mover was negligent in driving that vehicle onto and diagonally across the expressway and into the side of the plaintiff’s vehicle when he (the driver) saw, or in the exercise of ordinary care could have seen, the plaintiff’s vehicle traversing said expressway. This ground of the demurrer attacks such allegations as being “vague, indefinite and…