Supreme Court of North Carolina, 1935

Johns v. . Stevenson

Johns v. . Stevenson
Supreme Court of North Carolina · Decided May 1, 1935 · Oueiam
179 S.E. 664; 208 N.C. 222; 1935 N.C. LEXIS 369 (South Eastern Reporter)

Johns v. . Stevenson

Opinion of the Court

Bek Oueiam.

This is an action by the plaintiff to recover damages for personal injuries alleged to have been proximately caused by the negligence of the defendant in the operation of an automobile owned by him and in which she was riding as an invited guest.

*223 After filing answer, tbe defendant demurred ore terms upon tbe ground tbat tbe complaint failed to state a cause of action for tbat tbe injuries alleged to have been suffered by tbe plaintiff were inflicted in tbe State of South Carolina, making tbe law of South Carolina applicable, and tbat tbe facts alleged did not state a cause of action under such law. A careful scrutiny of tbe complaint fails to reveal tbat it is anywhere therein alleged tbat tbe injuries were inflicted in tbe State of South Carolina, and hence tbe demurrer invokes a fact not appearing on tbe face of tbe complaint, and thereby becomes a “speaking demurrer,” and for tbat reason was properly overruled. Latham v. Highway Commission, 185 N. C., 134.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.