Moen v. Madison Railways Co.

A mere general allegation of negligence is a conclusion of law rather than an allegation of fact, and is not admitted by a demurrer. The allegations of “adequate” and “proper” warning, if they are to be construed as a statement that the motorman either heard, or by the exercise of due care would have heard, the warning, are also conclusions rather than facts. It is of the essence of negligence that the person charged should have knowledge that there was a duty for him to perform; knowledge of the facts out of which the duty to act arises is essential; in order that an .act or omission may be…