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BLUE MAGIC CO. v. ATLANTIC COAST LINE RAILROAD CO.

No. 93.

83 S.E.2d 535 (1954)

240 N.C. 626

BLUE MAGIC COMPANY OF NORTH CAROLINA, a partnership composed of W. H. Huplits, Jr. and Max M. Levy, v. ATLANTIC COAST LINE RAILROAD COMPANY.

Supreme Court of North Carolina.

September 22, 1954.

Attorney(s) appearing for the Case

Gardner, Connor & Lee, Wilson, for plaintiffs, appellants.

M. V. Barnhill, Jr., Wilmington, F. S. Spruill, Rocky Mount, Lucas & Rand, Wilson, for defendant, appellee.

PER CURIAM.

A careful consideration of the allegations challenged by plaintiffs' motion reveals that the matters alleged are evidential or probative facts rather than ultimate or issuable facts, or that they constitute a narration of defendant's contentions of law. Hence, they have no proper place in defendant's pleading. They are deemed prejudicial. Daniel v. Gardner, 240 N.C. 249,

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