House v. Meyer

Decided December 29, 1893

California Supreme Court · decided 1893-12-29

<p>Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial.</p> <p>The facts are stated in the opinion of the court.</p>

Relies on Robinson v. Western Pacific Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1893-12-29

How this case has been cited

Cited by 29 later decisions — most recently February 1955 · most notably Herbert v. Southern Pacific Co. (1898), Wahlgreen v. Market Street Railway Co. (1901)

27 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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De Haven, J.

¶1The demurrer to the complaint was properly overruled. In an action like this, to recover damages resulting from the alleged negligence of a defendant, a general allegation of negligence upon the part of the defendant is sufficient. “The negligence is the ultimate fact to be pleaded, and is not a legal conclusion.” (Bliss on Code Pleading, sec. 211.)

¶2Nor was it incumbent on the plaintiffs to allege that they were not guilty of contributory negligence. (Robinson v. Western Pac. R. R. Co., 48 Cal. 409.)

¶3The appeal in this case is without merit.

¶4Judgment and order affirmed.

¶5McFarland, J., and Fitzgerald, J., concurred.