Levy v. Metropolitan Street Railway Co.

The answer contained first a general denial, and then proceeded to allege two separate defenses, substantially as follows: First, that whatever damages were sustained by the plaintiff were due to his own negligence, and not the result of any negligence of the defendant; and, second, that such injuries were sustained by reason of the negligence of a third person unknown to defendant.

Under the general denial contained in the answer, the defend*221ant could have proven all that it expected to prove under the subsequent separate defenses, and clearly, therefore, their appearance in the answer was…