Coblentz v. Jaloff

At the very threshold of the case defendant objected to the introduction of any testimony for the reason that the complaint failed to state a cause of action in that it did not allege specifically wherein defendant was negligent. We think the complaint is good, and the objection therefore untenable. In this class of cases it is, as stated in 3 Ency. PL & Pr. 848, ‘1 sufficient to state generally that the loss or injury was caused by defendant’s negligence, without setting forth the facts constituting the negligence.” In 5 R. C. L. 69, relative to necessary averments in actions against common…