Townsend v. Adair

The demurrers to the complaint are not argued in brief to the extent of pointing out the assignments relied on as constituting a defect. The court sustained demurrers to the special pleas of contributory negligence. We have heretofore in many cases stated that such pleas are not sufficient if they merely state a conclusion of law, but must aver the facts constituting the negligence, and that the facts so averred must be such as that the conclusion of negligence follows as a matter of law. Dwight Mfg. Co. v. Holmes, 198 Ala. 590, 73 So. 933; Smith v. L. & N. R. R. Co., 219 Ala. 676, 123 So. 57.