COOLEY v. BAKER

No. 102.

58 S.E.2d 115 (1950)

231 N.C. 533

COOLEY v. BAKER et al.

Supreme Court of North Carolina.

March 8, 1950.


Attorney(s) appearing for the Case

Cooley & May, Nashville, for plaintiff, appellee.

Wilkinson & King, Rocky Mount, for defendant, William Thomas Baker, appellant.


ERVIN, Justice.

This appeal raises the question whether the complaint affirmatively alleges facts showing actionable negligence on the part of the defendant Baker.

When the complaint is stripped of its legal conclusions, it becomes evident that the plaintiff relies upon the following factual averments to establish liability on the part of Baker:

Immediately before the accident Baker was driving his Ford truck southward on his right-hand half of South...

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