Andrews Ex Rel. Andrews v. Seaboard Air Line Railway Co.
Cases that cite this one
13 later published cases cite this decision.
- Casey v. Grantham (N.C. 1954)
- Jessup v. High Point, Thomasville & Denton Railroad (N.C. 1956)
- Gentry v. Town of Hot Springs (N.C. 1947)
- Harris Ex Rel. Harris v. Winston-Salem Southbound Railway Co. (N.C. 1942)
- Bowen Ex Rel. Bowen v. Mewborn (N.C. 1940)
- Cotton Mills v. . Manufacturing Co. (N.C. 1940)
- Baker v. Atlantic Coast Line Railroad (N.C. 1933)
- Town of Greenville v. Employer's Liability Assurance Corp. (N.C. 1932)
- Weiner v. Equel's Style Shop, Inc. (N.C. 1936)
- Schafer v. Youngstown Muni Ry Co. (Ohio Ct. App. 1935)
- In re Bank (N.C. 1934)
- In re Bank of Murphy (N.C. 1934)
- Betts v. . Jones (N.C. 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.