Southwest Metals Co. v. Gomez

(after. stating the facts as above). The objection to the complaint seems to be that it contains ño direct averment that the accident caused the infection to the eye, or the' subsequent blindness. No doubt, it is the better practice to plead ultimate facts and not evidence, but the plaintiff in error was not injured if the complaint gave it more information than it was justly entitled to. The general rule as to proximate cause applies here as in other cases, and 'We think it sufficiently appears from the complaint that the accident was the. proximate cause of the infection and loss of sight.…