Benton v. W. H. Weaver Construction Co.

HEDRICK, Judge.

Both the plaintiff and the defendant have argued in their briefs the question of whether the plaintiff can recover in this action for damages for personal injury against this defendant on the theory that the defendant breached its contract with the State of North Carolina to provide certain safety measures in the construction of the Bath Building, without regard to negligence. Neither party, however, seems to have given considera tion to the question of whether plaintiff’s complaint, when liberally construed, states a claim upon which relief can be granted.

A complaint may be…