Metcalfe

This is an action to recover damages for personal injuries. The plaintiffs are husband and wife and the injuries in question were suffered by the latter as the result of her automobile having stopped on certain car tracks in front of one of defendant’s electric inter urban trains and having been run down by the cars. Judgment went for defendant and plaintiffs appeal.

Among other things, appellants contend for a reversal of the judgment on the ground that the trial court erred in overruling their demurrer to a special defense contained in the answer and which alleges “that said plaintiffs did not, nor did either of them, exercise ordinary care, caution or prudence in the premises, and that the injury of said plaintiff, Ulva Metcalfe, ... if any, and the damages, if any, by plaintiffs or either of them sustained, were directly and proximately contributed to by the fault, carelessness and negligence of said plaintiffs and each of them, and their failure and that of each of them to exercise ordinary care, caution or prudence in the premises. ’ ’ The demurrer, under both general and special grounds, presented the question whether this averment was a sufficient plea of contributory…