House v. Meyer
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
The demurrer to the complaint was properly overruled. In an action like this, to recover damages resulting from the alleged negligence of a defendant, a general allegation of negligence upon the part of the defendant is sufficient. “The negligence is the ultimate fact to be pleaded, and is not a legal conclusion.” (Bliss on Code Pleading, sec. 211.)
Nor was it incumbent on the plaintiffs to allege that they were not guilty of contributory negligence. (Robinson v. Western Pac. R. R. Co., 48 Cal. 409.)
The appeal in this case is without merit.
Judgment and order affirmed.
McFarland, J., and…
2Cases cited1 opinion
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
3Cited by29 opinions
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- Pigeon v. W. P. Fuller & Co.California Supreme Court · 1909
- Rathbun v. WhiteCalifornia Supreme Court · 1910
- Murray v. Southern Pacific Co.California Supreme Court · 1917
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
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