Flint Explosive Co. v. Edwards

The plaintiffs in error insist on only one reason why the general demurrers to counts two and three should have been sustained, and that is that these counts allege that the plaintiff was instructed to place the dynamite under the stump before lighting it; and that, since he further alleged that he did not follow such instructions, but lighted the dynamite while it was still in his hand, he was, therefore, barred by his own negligence. The plaintiffs in error contend that the petition as it appeared on the prior appeal had a different meaning from the allegations with reference to this…