Stroud v. Southern Oil Transportation Co.

If the plaintiff is entitled to recover on any aspect of the case presented in his complaint, the demurrer cannot be sustained. Kirby v. Reynolds, 212 N. C., 271; In re Trust Company, 207 N. C., 802, and cases there cited. In that event, it is immaterial for the purpose of a decision in this Court how the relationship between plaintiff and defendant should be classified. Trust Co. v. Webb, 206 N. C., 247, 250. It may be necessary on the trial of the ease to determine whether that relation arises out of bailment, employment as master and servant, or independent contract, all of which theories…