KEPLEY v. TRANSCONTINENTAL GAS PIPE LINE CORP.

No. 383.

108 S.E.2d 856 (1959)

250 N.C. 599

Roy Franklin KEPLEY, by his general guardian, Ralph Ray Kepley, and wife, Ora Kepley, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION. Ora KEPLEY and husband, Roy Franklin Kepley, by his general guardian, Ralph Ray Kepley, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION.

Supreme Court of North Carolina.

June 12, 1959.


Attorney(s) appearing for the Case

Charles W. Mauze, Lexington, Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendant-appellant.

Walser & Brinkley, Stoner & Wilson, DeLapp & Ward, Lexington, for plaintiffs-appellees.


PER CURIAM.

The appellant presents assignment of error on this appeal basically upon two grounds: (1) In overruling demurrer ore tenus; and (2) in denying motions for judgment as of nonsuit at the close of all the evidence.

(1) The demurrer is on the ground that the pleading does not state facts sufficient to constitute a cause of action,—taking as true the facts alleged and relevant inference of facts deducible therefrom, but not admitting inferences...

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