Oliver v. Chesapeake & Ohio Railway Co.

OPINION

By BARTLETT, J.

1. THE MOTION TO MAKE THE 2nd DEFENSE OF THE ANSWER DEFINITE AND CERTAIN, IS OVERRULED.

It is not entirely settled in Ohio, whether or not a plea of contributory negligence must state the facts which constitute such negligence. 29 O. Jur. Negligence, Sec. 147, p. 621-622.

It must be conceded that the theory of Code Pleading has often become corrupted by the settled practice over the years in many Courts, “a mongrel form of answer” not contemplated by the reformed system, and not in harmony with its true theory, by the sanction of uniform practise, and the approval of…