Supreme Court of Alabama November 15, 1902 (Osborne v. Alabama Steel & Wire Co.)

SHARPE, J.

To withstand an appropriate demurrer, a plea of contributory negligence must go beyond averring negligence as a conclusion and must aver a state of facts to which the law attaches that conclusion.—Tenn. Coal, etc., Co. v. Herndon, 100 Ala. 451; Louisville & Nashville Railroad Co. v. Markee, 103 Ala. 160.