Andrews Ex Rel. Andrews v. Seaboard Air Line Railway Co.

157 S.E. 431, 200 N.C. 483, 1931 N.C. LEXIS 367

• Court: Supreme Court of North Carolina
• Decided: March 18, 1931
• Status: Published

Opinion

Per CueiaM.

The demurrer filed by the defendant admits the relevant facts set out in the complaint and such relevant inferences of fact as may be deducible therefrom, but it does not admit conclusions or inferences of law. Yarborough v. Park Commission, 196 N. C., 284; Ballinger v. Thomas, 195 N. C., 517.

We are of opinion that the complaint, examined in the light of this rule, does not set forth the breach of any duty the defendant owed the plaintiff. Bailey v. R. R., 149 N. C., 169; Monroe v. R. R., 151 N. C., 374; Brigman v. Construction Co., 192 N. C., 791. Reference to the place of the accident as a “death trap” and to the alleged negligence of the defendant as “wilful and wanton” may be disregarded as inferences of law, because the facts relied on are clearly and fully stated. Judgment

Affirmed.