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CANESTRINO v. POWELL

No. 449.

56 S.E.2d 566 (1949)

231 N.C. 190

CANESTRINO v. POWELL et al.

Supreme Court of North Carolina.

November 30, 1949.

Attorney(s) appearing for the Case

A. J. Fletcher, F. T. Dupree, Jr., and Douglass & McMillan, Raleigh, for the defendant Fred W. Staudt, doing business and trading as Staudt's Bakery, appellee.

Murray Allen, Raleigh, for the defendant Seaboard Air Line Railroad Company, appellant.

ERVIN, Justice.

This appeal presents this problem for solution: Does the cross-complaint of Staudt against the Railroad Company state facts sufficient to constitute a cause of action? Since the sufficiency of the cross-complaint in this respect is challenged by the demurrer of the Railroad Company, it must appear, either expressly or by implication, that the facts necessary to entitle Staudt to the relief sought by him are set forth therein.

The Railroad Company...

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