Hill v. Merrick

It is contended by defendant that allegations of duty in terms and allegations of what could have been done are conclusions of law, are irrelevant, and should have been stricken on motion. It is stated in 49 C. J. 55, § 28, as follows:

“The general rule is that an allegation of duty in terms, unaccompanied by a statement of the facts showing the existence of the duty, is a mere conclusion of law, unless there is a relation set forth from which the law raises the duty; and the same rule applies to a general allegation of the performance of a duty, and of a violation of duty, although it has…