Birmingham Electric Co. v. Baker

It is, of course, well settled by the decisions of this court that negligence may be charged in general terms; but, when the pleader also attempts to set out the quo modo, the facts so set out must constitute negligence. We think, however, that count 2 in the present complaint does not attempt to set up the quo modo, or the facts or circumstances constituting negligence ; that is, the condition or circumstances under which the defendant’s servant caused the car to collide with the plaintiff’s automobile. It, in effect, merely charges that the said servant wantonly caused the car to collide…