Moore v. Sears, Roebuck & Co.

(After stating the foregoing facts.) We think the court erred in sustaining the general demurrer and dismissing the petition. Under the specific facts, it should not be held as a matter of law that the petition failed to show negligence on the part of the defendant, or that the plaintiff was guilty of such negligence or *662want of care as to bar a recovery. This is not such a plain case that the court may decide it upon the pleadings and without reference to a jury; and the more especially is this true as regards the conduct of the plaintiff, since it is the rule in this State that the plaintiff…