Board of Drainage Commissioners v. Jarvis

Stacy, 0. J.

Plaintiff’s appeal challenges the ruling upon its demurrer interposed to the “further defense,” or cross action, on the ground that the facts stated therein are not sufficient to constitute a cause of action against the plaintiff in its corporate capacity. C. S., 511. The challenge is well taken. The demurrer should have been sustained. Newby v. Drainage District, 163 N. C., 24, 79 S. E., 266. The answer contains no allegation of negligence against the plaintiff which may properly be made in this action. Craven v. Comrs., 176 N. C., 531, 97 S. E., 470; Shelton v. White, 163 N. C.,…