Boone v. North Carolina Railroad

Plaintiff has based bis right to recover solely on tbe ground of negligence. ITis complaint must be liberally construed with a view to substantial justice between the parties. G. S. N. C. 1-151; Cox v. Freight Lines, 236 N.C. 72, 72 S.E. 2d 25. Tbe demurrer admits tbe truth of factual averments well stated, and such relevant inferences as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by tbe pleader. McKinney v. High Point, 237 N.C. 66, 74 S.E. 2d 440.

Actionable negligence in tbe instant case does not exist, unless “there has been a failure…