Hodges v. Virginia-Carolina Railway Co.
Supreme Court of North Carolina
Civil actioN, tried before McElroy, J., at Fall Term, 1919, of Ashe. The defendant demurred to the complaint upon the'ground that it did not state a cause of action. The plaintiff administrator of Martha Hodges was her husband.
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Civil actioN, tried before McElroy, J., at Fall Term, 1919, of Ashe. The defendant demurred to the complaint upon the'ground that it did not state a cause of action. The plaintiff administrator of Martha Hodges was her husband. She died during childbirth on 22 March, 1918. The complaint is as follows: “That prior to 22 March, 1918, and prior to the building and construction of the Yirginia-Carolina Railway Company’s line of railroad into Ashe County, North Carolina, there was a telephone line running from Tuckerdale, North Carolina, to the offices of Dr. A. L. Jones and Dr. S. E. Pennington,…
1Opinion of the CourtBrown, J.
The grounds of demurrer are:
“(a) It appears from the face of the complaint that the alleged negligence of the defendant was not the proximate cause of the plaintiff’s intestate’s injury.
“(b) And that it is not alleged in the complaint that the defendant has violated any contractual duty that it owed to the plaintiff’s intestate.
“(c) That the damages alleged in the plaintiff’s complaint are too remote to sustain an action against the defendant.”
We think that the points intended to be presented by the learned counsel for the defendant cannot well be raised by demurrer to this complaint. The…
2Cases cited1 opinion
- Smith v. . HartsellSupreme Court of North Carolina · 1908
3Cited by8 opinions
- Aldridge Ex Rel. Aldridge v. HastySupreme Court of North Carolina · 1954
- Pope v. Pinkerton-Hays Lumber Co.District Court of Appeal of Florida · 1960
- Barrett v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1922
- Whitehead v. . Telephone Co.Supreme Court of North Carolina · 1925
- Whitehead v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1925
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