BAGWELL v. TOWN OF BREVARD

No. 18.

124 S.E.2d 129 (1962)

256 N.C. 465

Beulah Reid BAGWELL v. TOWN OF BREVARD.

Supreme Court of North Carolina.

February 28, 1962.


Attorney(s) appearing for the Case

J. Bruce Morton and Robert T. Gash, Brevard, for plaintiff, appellant.

Ramsey, Hill & Smart, Brevard, for defendant, appellee.


PER CURIAM.

The facts alleged, but not the pleader's legal conclusions, are deemed admitted when the sufficiency of a complaint is tested by a demurrer. Whether the admitted facts constitute negligence is a question of law.

Plaintiff's allegations describe the alleged defect and her fall as follows: (1) "(T)he said sidewalk was constructed of large concrete sections, approximately six feet square." (2) "(O)ne of the concrete sections was elevated approximately...

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