A  departure  in  pleading  is  ground  for  general  demurrer.  Brine  v.  G.  W.  Rail-
way Co.,  ex.  402 ;  2  B.  &  S.  402.
Where  narr.  sets  up  damage  by  reason  of  embankment  to  plea  of  authority
of  acts  of  parliament,  replication  that  works  were  negligently  erected,  is  no
departure.    Ibid.
PLEADING,  V.— X.  (a),  (6).  333

The  test  seems  to  be,  whether  the  title  alleged  is  inconsistent  with  narr.  or
whether  there  would  be  a  variance  in  the  evidence.     Ibid.
VI.  Special  Pleas  amounting  to  general  issue.
To  an  action  for  disturbance  of  a  ferry,  a  plea  showing  that  a  new  state  of
things  had  arisen  to  which  the  right  was  not  applicable  is  bad.  Newton  v.
Cubitt,  xciv.  627 ;  5  C.  B.  N.  S.  627.
VII.  Surplusage.
In  an  action  for  infringement  of  patent,  a  clause  in  the  particulars  of  breaches
stating  that  they  were  given  only  as  examples,  and  were  not  to  preclude  proof
of  infringement  mentioned  in  former  particulars,  was  stricken  out.  Type
Founding  Co.  v.  Richards,  xcviii.  893 ;  8  C.  B.  N.  S.  893.
VIII.  Argumentativeness.
"Where  a  plea  instead  of  averring  or  denying  a  material  fact,  sets  out  the  evi-
dence, unless  the  evidence  set  out  conclusively  established  the  fact  averred  or
denied,  the  plea  is  bad :  per  Willes,  J.  Neville  v.  Kelly,  civ.  740 ;  12  C.  B.  N.
S.  740.
IX.  Other  miscellaneous  rules.
Where  plea  bad  and  replication  bad  judgment  for  plaintiff.  Lockwood  v
Nash,  lxxxvi.  536 ;  18  C.  B.  536.
