Rogers v. Johnson

For convenience of expression, in this opinion the plaintiff in error will be referred to- as the defendant, E. W. Johnson as the deceased, Burl Johnson, Jr., as the deceased’s driver, and the defendant in error, Mrs. Lucy Chafin Johnson, as the plaintiff.

The petition in a negligence case, such as the one at bar, is sufficient as against general demurrer when it shows that failure on the defendant’s part to- exercise the degree of care required of him was the proximate cause of damage done the plaintiff, and does not affirmatively reveal that the plaintiff, or those whose-conduct is imputable…