Landham v. Lloyd

The suit was for personal injury.

Demurrers were overruled to pleas 2, 3, and 4.

The ruling of the trial court as to plaintiff’s demurrers to pleas 2 and 3 was not in accord with the authorities cited below. The general duty of due care under the circumstances was all the law required of plaintiff. The pleas sought to place on plaintiff a higher duty, or that of a special lookout for approaching cars. The pleas do not aver or show negligence at the time and place in quesr tion. This is the view of SAYRE, BOULDIN, BROWN, FOSTER, JJ., and the writer, ANDERSON, C. J. and GARDNER, J., hold the…