MacINTYRE, P. J.
1. A cause of action is made up of two elements; namely, a duty and a breach of it. Allegations of fact from which the law will raise a duty, rather than mere allegations that it was the duty of a defendant to do certain things, have always been preferred. It is permissible, however, to set forth the facts, and then conclude that these facts raise a duty which the defendant has breached. Demurrer will then raise the question whether the conclusion...
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