Smith v. . Oil Corporation

Supreme Court of North Carolina

Smith v. . Oil Corporation

198 S.E. 636, 214 N.C. 824, 1938 N.C. LEXIS 425

DecidedSeptember 28, 1938

StatusPublished

This text of 198 S.E. 636 (Smith v. . Oil Corporation) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. . Oil Corporation, 198 S.E. 636, 214 N.C. 824, 1938 N.C. LEXIS 425 (N.C. 1938).

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Opinion

Civil action to recover damages for alleged negligent injury.

The complaint alleges that plaintiff was injured by the negligence of the defendants in placing "an inherently dangerous explosive . . . containing a mixture of gasoline and kerosene . . . in a retail garage or filling station," without proper safeguards, which was ignited by a match and exploded, resulting in injury to the plaintiff.

A demurrer was interposed upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Demurrer overruled in the general county court; ruling sustained on appeal to the Superior Court; defendants again appeal. *Page 825 Without debating the matter, we agree with the courts below that the complaint is good as against a demurrer. See Diamond v. Service Stores,211 N.C. 632, 191 S.E. 358; Stone v. Texas Co., 180 N.C. 546,105 S.E. 425; Newton v. Texas Co., ibid., 561, 105 S.E. 433.

Affirmed.

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Civil action to recover damages for alleged negligent injury.

The complaint alleges that plaintiff was injured by the negligence of the defendants in placing "an inherently dangerous explosive . . . containing a mixture of gasoline and kerosene . . . in a retail garage or filling station," without proper safeguards, which was ignited by a match and exploded, resulting in injury to the plaintiff.

A demurrer was interposed upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Demurrer overruled in the general county court; ruling sustained on appeal to the Superior Court; defendants again appeal. *Page 825 Without debating the matter, we agree with the courts below that the complaint is good as against a demurrer. See Diamond v. Service Stores,211 N.C. 632, 191 S.E. 358; Stone v. Texas Co., 180 N.C. 546,105 S.E. 425; Newton v. Texas Co., ibid., 561, 105 S.E. 433.

Affirmed.

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Bluebook (online)

198 S.E. 636, 214 N.C. 824, 1938 N.C. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-oil-corporation-nc-1938.

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