C. C. Snyder Cigar & Tobacco Co. v. Stutts

The first count of the complaint does not show that plaintiff, at the time of the alleged collision, was at a place where defendant owed him the duty of exercising due care not to collide with him. Failing to show any duty in the premises, the count does not show a cause of action.

However, count 2 does state a good cause of action, and is not subject to any of the grounds of demurrer. It is not necessary to allege venue in a complaint, that being matter for defensive pleading in abatement. T. C., I. & R. R. Co. v. Bridges, 144 Ala. 229, 237, 39 So. 902, 113 Am. St. Rep. 35. Nor is it…