Cooke v. Elk Coach Line, Inc.

Layton, C. J.,

delivering the opinion of the Court:

Negligence, in law, involves the conception of a duty to act in a certain way toward others, and a violation of that duty by acting otherwise; so, in every case of actionable negligence, the declaration must disclose clearly the existence of a duty not to subject the plaintiff to the injury complained of, a failure of the defendant to observe that duty, and an injury to the plaintiff resulting proximately therefrom. The allegation of duty is superflous where the stated facts show a legal liability and it is useless where they do not. 6…