City of Franklin v. Harter

The appellee recovered judgment against the appellant for injuries resulting from a fall into a cellar-way in one of the sidewalks of the appellant, which it is alleged was negligently suffered to remain without guards or warnings.

The objection urged against the complaint is that it does not show that the plaintiff was not guilty of contributory negligence. It does contain the usual general averment that the plaintiff was free from fault, and the specific allegations do not overcome the general averment. The fact that the plaintiff was blind does not, in itself, authorize the con*447elusion, as…