No. 245.

112 S.E.2d 380 (1960)

251 N.C. 751

Kathryn P. SHEPARD v. RHEEM MANUFACTURING COMPANY, Piedmont Natural Gas Company, Inc., and Ervin Construction Company, Inc.

Supreme Court of North Carolina.

January 29, 1960.

Attorney(s) appearing for the Case

Blakeney, Alexander & Machen, Hedrick & McKnight, Charlotte, for plaintiff appellee.

Robinson, Jones & Hewson, Charlotte, for defendant Rheem Manufacturing Co., appellant.

WINBORNE, Chief Justice.

The grounds upon which defendant Rheem Manufacturing Company demurs are substantially these: (1) That the complaint as amended fails to state a cause of action against it, and (2) that the complaint contains allegations constituting judicial admissions by the plaintiff as the pleader thereof, from which it follows as a matter of law that the negligence of this defendant, if any, was not a proximate cause of plaintiff's injury by reason of...

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