Byars v. Hollimon

BROWN, Justice.

A number of the assignments of error are predicated on the refusal of special charges dealing with the question of contributory negligence on the part of the plaintiff, and, while it appears from the court’s oral charge that the defendant pleaded the general issue and contributory negligence, the pleas were not in short by consent, and are not embodied in the record.

Contributory negligence is a defense that must, in the absence of an agreement to plead otherwise, be pleaded specially and with particularity, and no other acts of contributory negligence than those specially…