L. Hammel Dry Goods Co. v. Hinton

Plea 2 as amended, to which demurrer was sustained, was no answer to count 3 setting up the violation of the rule of the road. And this justified the ruling of the trial court. Moreover, the plea was ambiguous in the use of the words, “collide with said automobile.” If defendant’s truck was referred t'o in the plea, as insisted in argument of the appellee, the averment is insufficient — the fact stated failed to show notice or knowledge of the plaintiff of the whereabouts of “said” defendant’s car or truck.

The plea was insufficient as an answer to the other counts. One having the right of use…