CHOATE MOTOR COMPANY v. GRAY

No. 6923SC325.

169 S.E.2d 77 (1969)

5 N.C. App. 643

CHOATE MOTOR COMPANY v. Charles Ray GRAY.

Court of Appeals of North Carolina.

August 13, 1969.


Attorney(s) appearing for the Case

Arnold L. Young, Sparta, and J. Colin Campbell, Independence, Va., for defendant-appellant.

Worth B. Fogler, Sparta, for plaintiff-appellee.


MORRIS, Judge.

Defendant, on appeal, demurs ore tenus to plaintiff's complaint contending that the complaint shows on its face plaintiff's contributory negligence as a matter of law. Defendant presents no argument in support of the demurrer. Upon demurrer, the allegations of the complaint will be taken as true and the complaint liberally construed in favor of plaintiff and unless the pleading is fatally defective or wholly insufficient, demurrer should not...

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