Fletcher v. Abbott

Construing the equivocal or contradictory allegations of fact against the pleader-—-where it is alleged in one paragraph of the petition that Fletcher followed behind the truck at the time the latter stopped at a distance of 50 feet, and that he was negligent in following behind the truck a distance of 55 feet—the latter figure will be controlling. Similarly, where it is alleged that Fletcher followed behind the truck for a distance *366of “approximately 3 miles” at a speed of 55 miles per hour, but it is also alleged that the truck’s rate of speed was “approximately 50 miles per hour,” the speed…