
    Kelly Rogers v. J. Watson.
    (No. 2751, Op. Book No. 4.)
    Appeal from Falls County.
    June 6, 1883.
   Opinion by

Willson, J.

§ 382. Contributory negligence; proof of, may be made under the general issue. While the authorities are somewhat conflicting, we think the rule may be considered as well settled, that it is not necessary to set up contributory negligence of plaintiff in a special plea, but that such negligence may be proved by the defendant under the general issue. [G Wait’s Act. & Def. sec. G, p. 600; Thomp. on Neg. p. 1179, sec. 26, and cases cited.]

Reversed and remanded.  